Human rights lawyer Femi Falana has accused the Federal Government of aggravated contempt of Federal High Court over the continuous detention of the leader of the Islamic Movement of Nigeria, Sheik Ibraheem El-Zakzaky.
The senior lawyer made the allegation in a statement – a copy of which was obtained by Channels Television on Sunday – in which he demanded the immediate release of El-Zakzaky and his wife who are in the custody of the Department of State Services (DSS).
The statement comes one day after the leader of the Shiite group made his first public appearance since more than years in Abuja, where he told reporters that he is alive and well.
Reacting to the appearance, Falana, said: “Having paraded the couple before the media, albeit illegally, the Federal Government should immediately proceed to purge itself of the aggravated contempt of the Federal High Court by complying with the order for their release from the illegal custody of the State Security Service.”
According to him, the order which was made on December 2, 2016, has not been set aside by any higher court.
The lawyer further asked the government to release the El-Zakzakys to their children who have applied to take them abroad for urgent medical treatment, having said it was operating under the rule of law.
“This request is in line with Nigerian Prison Regulation 12 which stipulates that even convicts shall be released to their relatives or friends if the prison has no facilities for treating them.
“In Fawehinmi v The State (1990) 1 NWLR (pt 127) 486, the appellant was granted bail and released on bail pending trial by a military junta; the situation should not be worse under a democratic dispensation,” Falana said.
While reports emerged that El-Zakzaky had died in the DSS custody, the human rights lawyer dismissed the rumour which he described as ‘dangerous’.
He, however, claimed that the Shiites’ leader and his wife were ‘misinformed’ of government’s readiness to release them after the media briefing which lasted for more than one minute on Saturday.
Falana also faulted the claims that the El-Zakzakys are in a good state of health.
He said: “He (El-Zakzaky) is currently wearing a neck collar support which was procured for him when he fell sometime last December. That was when his personal doctor was allowed to examine him for the first time in his over two-year detention period.
“Before the neck injury, he had lost his left eye while the recommendation of eye specialists that he be flown abroad to save the right eye and prevent him from going totally blind has been ignored by the Federal Government.”
“In fact, the medical state of his wife is by far worse than his. She has been subjected to excruciating pain as some of the bullets deposited in her body on December 14, 2015, during the military invasion of their home in Zaria, have not been removed,” he added.
Falana noted that the couple has not been charged with any criminal offence and asked the government to order their release from DSS custody without any further delay.
According to him, the order which was made on December 2, 2016, has not been set aside by any higher court.
The lawyer further asked the government to release the El-Zakzakys to their children who have applied to take them abroad for urgent medical treatment, having said it was operating under the rule of law.
“This request is in line with Nigerian Prison Regulation 12 which stipulates that even convicts shall be released to their relatives or friends if the prison has no facilities for treating them.
“In Fawehinmi v The State (1990) 1 NWLR (pt 127) 486, the appellant was granted bail and released on bail pending trial by a military junta; the situation should not be worse under a democratic dispensation,” Falana said.
While reports emerged that El-Zakzaky had died in the DSS custody, the human rights lawyer dismissed the rumour which he described as ‘dangerous’.
He, however, claimed that the Shiites’ leader and his wife were ‘misinformed’ of government’s readiness to release them after the media briefing which lasted for more than one minute on Saturday.
Falana also faulted the claims that the El-Zakzakys are in a good state of health.
He said: “He (El-Zakzaky) is currently wearing a neck collar support which was procured for him when he fell sometime last December. That was when his personal doctor was allowed to examine him for the first time in his over two-year detention period.
“Before the neck injury, he had lost his left eye while the recommendation of eye specialists that he be flown abroad to save the right eye and prevent him from going totally blind has been ignored by the Federal Government.”
“In fact, the medical state of his wife is by far worse than his. She has been subjected to excruciating pain as some of the bullets deposited in her body on December 14, 2015, during the military invasion of their home in Zaria, have not been removed,” he added.
Falana noted that the couple has not been charged with any criminal offence and asked the government to order their release from DSS custody without any further delay.
