The Federal High Court, Abuja, has ordered the unconditional release of Ibrahim El-Zakzaky, leader of Shiite sect in Nigeria, and his wife, Malama Zeatudden, from detention, within 45 days.
The court also ordered the Federal Government to provide a new accommodation for El-Zakzaky in Zaria or any northern town of his choice.
The court, presided by Justice Gabriel Kolawole, also awarded El-Zakzaky and his wife N50 million as general damages.
The court also held that the continued detention of the applicant without trial amounted to a gross violation of his constitutionally guaranteed rights.
The court dismissed FG’s position that the applicant and his wife were under “protective custody”. Specifically, the Shi’ite leader who has been in detention since December 14, 2015, applied for the enforcement of his fundamental rights to life, personal liberty, dignity of human person, right to private and family life and private property.
His arrest and detention followed a bloody clash between members of the sect and soldiers attached to the Chief of Army Staff, Major General Tukur Buratai, at Zaria, Kaduna State.
The suit marked FHC/CS/128/2016, was predicated on sections 33, 34, 35, 36, 37, 40, 41 and 46 (1) & (2) of the 1999 Constitution, as amended, as well as on Articles 4, 5, 6, 11 and 12(1) of the African Charter on Human & Peoples Rights (Ratification and Enforcement) Act, LFN, 2010.
The court was among other things, prayed to declare that “the detention of the applicant at Abuja by the respondents since December 14, 2015, is illegal and unconstitutional as it violates his fundamental rights to personal liberty as enshrined in section 35 of the Constitution of the Federal Republic of Nigeria, as amended, and Article 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10), Laws of the Federation of Nigeria, 2004”.
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