BREAKING: Court Dismisses El-Zakzaky’s Suit Against Nigerian Army
The Federal High Court sitting in Kaduna has stuck out a suit between the leaders of the Islamic Movement in Nigeria (IMN), Shiekh Ibrahim El-Zakzaky, his wife Zeenat and the Nigerian Army and three others over what the court described as 'abuse of court processes'.
The applicant in the suit and leader of the Shiites, Sheikh Ibraheem El-Zakzaky had dragged the Nigerian Army, Chief of Army Staff, Lt. General Yusuf Buratai, Attorney General of the Federal of the Federation (AGF) and the Kaduna State Government before the Federal High court in Kaduna.
They were charged over alleged Killings of the children of El-Zakzaky; and destruction of his house during in Zaria clash in December 2015.
It will be recalled that the Federal High Court in Abuja, under Justice Gabriel Kolawole had earlier delivered judgment on the infringement of the fundamental rights and unlawful detention of El-Zakzaky and his wife, while he ordered for their release within 45 days, provision of befitting accommodation and the payment of damages to the tune of 50 million Naira to them.
Delivering a 45 minutes judgment, Justice Salah Musa Shuaibu pointed out that where there is an abuse of court proceeding, the striking out of the case is necessary.
He urged legal practitioners to stop the practice of filling same cases in different courts to avoid undesirable consequences of the courts decision's.
He further argued that the court cannot review the judgement of the Federal High Court sitting in Abuja as it did not have the jurisdiction to do so.
But El Zakzaky’s counsel, Festus Okoye disagrees with the court, stating that the relief sought at the Federal High Court in Kaduna is different from the one that was filled at the Abuja High Court presided over by Justice Gabriel Kolawole.
He says the legal team will study the judgment and take a decision on whether to appeal or not.
El Zakzaky was also seeking the sum of N2 billion as damages from the defendants for allegedly killing three of his children and destroying his house in December 2015.