The Department of State Services (DSS), yesterday, said that it has received the order granting Sheikh Ibraheem El-Zakzaky leave to travel to India for medical treatment, and has complied with the court order.
The Public Relations Officer of DSS, Mr. Peter Afunanya, who disclosed this in a statement in Abuja, said that the service was liaising with relevant stakeholders to ensure that the letters of the court order were fully implemented.
Afunanya said the DSS released leader of Islamic Movement in Nigeria (IMN), Sheikh Ibraheem El-Zakzaky and his wife, Zeenat, yesterday, following the order of Kaduna High Court.
He said conformity with the order was in line with the service’s avowed commitment to the rule of law inherent in democracy.
The court had ruled that the cleric and his wife be allowed to travel to India for medical attention.
El-Zakzaky and his wife, who were not in court, have been in detention since 2015, following a bloody clash between members of IMN and the military that left scores of his members dead.
Protests organised by his members to pressure government to release him recently turned bloody, with scores of his members as well as senior police officer and a reporter with Channels Television killed.
Government obtained a court order, which designated the IMN as a terrorist organisation and banned its operations.
At the resumed hearing of the bail application filed by El-Zakzaky’s counsel, Femi Falana, in Kaduna, last Monday, the presiding judge, Justice Dairus Khobo, granted the defence counsel’s request for the defendants to proceed to India to seek medical attention.
The court also ruled that El-Zakzaky and his wife be accompanied on the trip by DSS personnel and officials of the state.
As with all precious arraignments, areas close to where the High Court is situated were cordoned off, with police personnel and those of civil defence corps taking strategic positions, while traffic was diverted on some routes.
Only lawyers were allowed into the court premises.
Addressing journalists outside the court perimeter gate, the lead prosecution counsel, who is the state Director of Public Prosecution, Dari Bayero, said the judge was satisfied with the medical certificate tendered by El-Zakzaky, and granted him permission to travel to India to seek medical attention.
He said: “The court granted the defendant permission to seek medical attention under the strict supervision of the prosecution (state).
‘’The judge said from the medical reports filed by Mallam (El Zakzaky), he is, indeed, in dire need of medical attention. It’s not necessarily bail but he has been granted leave to travel for medical attention.
‘’The court said when he is discharged by the hospital; he will come back and continue his trial. So, as soon as he is discharged from the hospital, he will come back to the country and continue his trial.
“The court heard the arguments of the counsel and has ruled. We are bound by the ruling of the court.”
Bayero added that by the ruling of the court, the defendant will go to the hospital in India where he specifically pleaded in his argument and no other country.
The prosecution counsel said his team would study the judgment before taking the next decision on whether to appeal the judgment.
Also speaking with journalists, counsel to El-Zakzaky, Marshal Abubakar, said what the court did was not to grant bail to the defendant but to rule that he should proceed to India to save his life.
He said: “It was not a bail application. It was an application to save the life of the applicants, El-Zakzaky and his wife.
The judge, Justice Darius, graciously agreed with Mr Femi Falana, SAN, and the various medical reports that were attached to the applications.
‘’There were eight medical reports that clearly showed the applicants were in dire need of medical treatment abroad. The court agreed that they should be allowed immediate treatment that they sought, with supervision.”
However, a rights activist and Lead Director, Centre for Social Justice, Barrister Eze Onyekpere has condemned media reports crediting the Department of State Security Services (DSS) for the release of Islamic cleric and Founder of the Islamic Movement in Nigeria, IMN, Sheikh Ibraheem El-ZakZaky.
El-Zakzaky, who has been in custody since 2015 following a clash involving his followers and the convoy of the Chief of Army Staff, Lt-Gen. Tukur Buratai, in the ancient city of Zaria, secured freedom after a Kaduna High Court granted his wish for medical attention in India.
But reports in some media outfits noted that the DSS had agreed to release the controversial cleric, a development that has been faulted by the activist.
According to Onyekpere, “The reports on DSS agreeing to release or have released El-Zakzaky is not only insulting to sensibilities of right thinking person’s but show the impunity of agencies who set up themselves as above the law.
“The Presidency had disobeyed two court orders to release the detainee. And at the peak of the IMN crisis, the Presidency insisted that the matter is no longer within its purview but before the court. So, why are we saying DSS has agreed to release? Do they have any choice after having boxed themselves into a corner?”
Questioning the choice of the word, “agreeing” in the reports, Onyekpere counseled journalists to be diligent in their reports even as he added that barring any twist in the lingering legal tussle, El-Zakzaky would return to the country as he was released temporarily for medical attention.
“Our language gives the impression of a conquered people who have submitted to our conquerors. The correct statement is that the court has granted him opportunity to travel, not bail, because DSS and government officials are to follow him on his trip to India and to ensure that he is back after the treatment. This is not bail but an opportunity to get medical treatment,” he added.
Meanwhile, Islamic Movement in Nigeria (IMN) has described the ruling of the court a victory for truth and justice against tyranny and impunity.
In a statement signed by the Chairman, Free El-Zakzaky Campaign Committee, Abdurrahman Yola, the group said the ruling by the court represented “victory for our dogged determination, patience, and perseverance in the face of extreme persecution.”
The statement read in part: ‘’With this recent ruling by the court, we will finalise urgent plans to transfer them to a more appropriate foreign health facility for further expert management as we await the response of the Nigerian government.
“As a peaceful movement, we have kept to our clean tradition of keeping faith with due process in seeking redress through peaceful means without any resort to violence, despite deliberate and persistent provocations by the government.”
“We wish to use this opportunity to also say a big thank you to all people of conscience, particularly some very senior citizens, diplomats, human rights activists and organizations, journalists and the general public who doggedly stood by us in the campaign for justice for the victims of Zaria genocide.”