Falana, El-Rufai lock horns over El-Zakzay’s medical trip

A human rights activist and lawyer, Femi Falana and Kaduna state government on Wednesday locked horns over the medical trip permit which the court granted Sheikh Ibrahim El-zakzaky and wife, Zeenat.

The Kaduna State government had demanded a strict condition for the medical trip granted the IMN leader and wife by the state High Court in order to ensure their immediate return for trial after the treatment at the Medanta Hospital, India.

The state government expressed concern that El-zakzakay and his wife may seek asylum in India.

Upon this, the El-Rufai administration prayed the court  to make El-Zakzaky, his wife and each of the other defendants produce two prominent sureties, including a first-class chief or emir to qualify for the foreign medical trip.

The government, which expressed its displeasure at the terms of the medical leave, added, that “While the Kaduna State government respects the court’s ruling on medical leave, it disagrees with the premises on which it is based.

“Therefore, an appeal will be lodged on the matter, but a stay of execution will not be sought as the state government believes that a person may choose to travel abroad for any medical condition at his own cost.”

A statement on Wednesday by the Commissioner for Internal Security and Home Affairs, Samuel Aruwan, stated that: “In compliance with the court ruling, the Kaduna State government has filed at the Kaduna State High Court terms for strict supervision of the medical leave”.

But responding to the Kaduna State government, rights activist and lawyer to the IMN leader, Mr Femi Falana (SAN) said: “I thought that the Kaduna State government had planned to appeal against the order of the Honourable Darius Khobo granting leave to the El-Zakzakys to travel to India for urgent medical treatment under the supervision of the government.

“I hope that the plan to pursue an appeal in the case has been shelved as the Court of Appeal has ruled that you cannot stay the execution of orders of this nature. That remains the position of the law as espoused in the case of Mowarin v Nigerian Army, which was decided under a military dictatorship in the country.

“The so-called agreement is totally alien to the penal code and the administration of criminal justice law of Kaduna State. Hence, the agreement is not brought under any substantive or adjectival law.

“My colleagues in the Ministry of Justice are not unaware of the position of the law that an agreement cannot vary or modify the order of a competent court. It is unfortunate that some highly placed public officers are so hell bent on abrogating the fundamental rights which have been fought for and won by Nigerians, even under the British colonial regime.

“For instance, the Prison Ordinance was amended in 1917 to allow the family members or friends of prison inmates to remove them from prison and take them out for medical treatment, if the prison facilities could not cater for any terminal illness. That provision has been incorporated in Regulation 12 made pursuant to the Prisons Act.

Read also: Political prisoners exist in your imagination, BMO replies PDP Chair Secondus

“In this instant case, the court did not release the El-Zakzakys to their family members but that they should be treated in a foreign hospital under the supervision of the government.

“Since the Department of Service Services (DSS), which has the custody of the El-Zakzakys, has announced on behalf of the Federal Government that the court order would be obeyed, the so-called terms of “agreements” of the Kaduna State government should be ignored because it is the height of provocative contempt.

“It takes two to tango. A party in a case cannot dream of some weird ideas, parade them as an agreement and impose same on a court and the other parties.”

On 19th April 2018, the Kaduna state government had filed an eight-count charge against Malam Ibraheem El-Zakzaky, Mallama Zeenah Ibrahim, Yakubu Yahaya Katsina and Sanusi Abdulkadir Koki for the offenses of: Criminal Conspiracy, Culpable Homicide punishable with death, Unlawful Assembly, Wrongful restraint, Disturbance of public peace, Voluntarily causing grievous hurt, Inciting disturbance and Breach of Public Peace.

 

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now