- Claims N3bn damages
- ‘Why we tried Shiite members in Prison custody’
leader of the Islamic Movement in Nigeria, IMN, Sheikh Ibraheem El-Zakzaky who is still under custody has dragged the Nigerian Army, the Chief of Army Staff, COAS, and others to the Federal High Court, demanding N3billion as general damages.
Others sued alongside the army and its chief are Director General of the State Security Services, SSS, Inspector General of Police, IGP, and the Attorney General of the Federation, ACF, as first to fifth respondents.
Meanwhile, one of the counsels to the IMN, Barrister Maxwell Kyon disclosed that Sheikh El-Zakzaky had lost his left eye as a result of the clash between the army and members of the IMN in Zaria.
In the suit with No FHC/ABJ/CS/247/16, the IMN leader through his counsels, Femi Falana, SAN, Festus Okoye Esq, Maxwell Kyon Esq among others, is seeking the enforcement of his fundamental rights to life, personal liberty, freedom of movement, dignity of the human person and right to private and family life.
A copy of the suit made available to newsmen in Kaduna yesterday at a press briefing read that the applicant is also seeking an order of the court to compel the respondents jointly and severally to pay to their client the sum of three billion naira as general damages for the illegal violation of his fundamental rights to life, dignity of his person, fair hearing, privacy and private property.
According to the paper, “The applicant is seeking a declaration that the violent invasion of his private residence at No 1 Wali road, Gyallessu, Zaria in Kaduna State December 14, 2015 is a fragrant violation of his fundamental rights to privacy and private property as guarantteed by the constitution.
“A declaration that the cruel, inhuman and degrading treatment meted to the applicant by armed soldiers who are members of the 1st respondent is a fragrant vuolation of his foundamental right to dignity of human person as guarantted by the constitution.
“A declaration that shooting of the applicant by armed soldiers who are members of the 1st respondent on Sunday, December 14, 2015 at his residence is illegal and unconstitutional.
“A declaration that the extra judicial killing of the appicants three children namely: Hameed Ibrahim (18), Ali Haidar Ibraheem (16), and Humaid Ibraheem (14) by armed soldiers who are agents of the 1st respondent at his residence in Gyallesu, the Hussainiya Baqiyyatulah and several other members of the IMN as on 14, 2015 is illegal and unconstitutional as it violates the foundamental right of the deceased to life.
“A declaration that the arrest of the applicant without warrant in his house at Zaria by armed soldiers who are agents of the 1st respondent on December 14, 2015, is a fragrant violation of his fundamental rights to privacy and private property.
“A declaration that the detention of the applicant at Kaduna and Abuja by the 2nd and 3rd respondents without access to members of his family and the IMN since December 14th 2015 till date is illegal and unconstitutional.
“The counsels are also seeking an order of the court directing the immediate and unconditional release of the applicant from the custody of the second and third respondent.
“A declaration that the continued detention of the applicant from the 14th day of December 2015 till date without charging him to court of law is illegal and unconstitutional as it violate his fundamental right to fair hearing as enshrined in the constitution.
Addressing newsmen on behalf of the counsels, Okoye stressed that “the continued detention of the Islamic leader from 14th day of December, 2015 till date without charging him to court before a properly constituted court of law is illegal and unconstitutional as it violates his fundamental human rights to fair hearing as enshrined in section 36 (5) of the constitution of the Federal Republic of Nigeria, 1999 (as amended) and article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) laws of the federation of Nigeria 2004.
‘Why we tried Shiite members in Prison custody’
Meanwhile, Controller of Prison, Kaduna State Command, Abubakar Garba Talba yesterday opened up on why it held court sitting on remanded members of the Islamic Movement in Nigeria, IMN, otherwise known as Shiite group, in the prison.
Talba, who appeared before the judicial commission of inquiry sitting in Kaduna yesterday, said fear of attack by the Shiites made them to hold the court sitting in the prison.
He equally added that challenges of logistics and insecurity were other reasons why it tried the movement members in the prison, noting that the Shiites were good at mobilisation.
He said 182 Shiites were still in custody as against the 191 initially brought to it days after the December 12 clash in Zaria.
He said the suspects were brought into the prison in critical conditions, saying initially, he didn’t want to accept them into the prison but later agreed after a lot of pleading.
Corroborating Talba’s submission, a senior medical personnel in the prison, Superintendent Onugha C. said the suspects were brought with various degrees of gunshots.
He said they extracted a bullet from one of the Shiites who bullet penetrated through and eventually died 11 days after undergoing surgery.
According to him, “On the 18th December when the suspects were brought, I mobilised other medical personnel. They came with various degrees of gunshots.
“Two out of the 14 were with life threatening conditions. We operated four of them. One that died survived until 11 days after surgery.
“We extracted a bullet from one IMN suspect who bullet penetrated through but died eventually.
“Most of them have been discharged from the prison hospital and fully recovered.
“Kaduna State government provided drugs worth N3 million to provide medical attention for the persons. It provided materials and personnel,” he added.
Also appearing before the commission at its yesterday sitting were the Nigerian Police and National Emergency Management Agency, NEMA, to explain their various roles.