An Abuja Federal High Court on Friday ordered the release of detained leader of the Shi’ite Islamic Movement of Nigeria (IMN), Ibrahim El-Zakzaky Within 45 days.
Justice Gabriel Kolawole declared El-Zakzaky’s detention as illegal, and ordered the Federal Government to build a house in Zaria, Kaduna state or in any state in the northern part of the country for the Islamic leader and his family since his Zaria home has been burnt.
The court further ordered the Federal Government to release the Shi’ite leader and his wife to the Inspector-General of Police within 45 days.
The IGP according to the court, was asked to convey the duo to the house which the Federal Government will provide for them in Zaria, Kaduna or any part of the northern part of the country of their choice within 24 hours.
The court further awarded N50 million damages in favour of the islamic leader and his wife, to be paid to them by the Federal Government for unlawfully detaining them at the DSS custody.
He further dismissed the submissions of the prosecution counsel, Tijani Ghazali, that El-zakzaky was held under protective custody in view of the threat to his life.
Justice Kolawole said the DSS failed to produce a report by any resident within the neighbourhood of the Islamic leader that he, and his family constituted a nuisance to the neighbourhood.
He said the decision of government to hold the applicant for so long amounts to great danger, adding that the insurgency being experienced in the north was partly caused by the death of former leader of the Boko Haram leader, Mohammed Yusuf in Police custody.
The Shiite leader has been in custody since the clash with the Nigerian Army which led to the death of over 300 members of the movement.
El-Zakzaky was arrested by military operatives on December 14, 2015 after a clash that occurred in Zaria town in Kaduna State between the movement and officers of the Nigerian army over right of way.
The Shi’ite leader, as a result of his continued detention, filed a fundamental rights enforcement suit, demanding a N2 billion as general damages for his arrest and unlawful detention by the Department of State Services (DSS).
He had asked the court to declare that his arrest and continued detention was a gross violation of his fundamental right as contained in the 1999 constitution and the African Charter on Human and Peoples Rights.
