The Nation Newspaper

Tag: Attorney General of the Federation

  • Unpaid amnesty stipends: Ex-militants drag FG, Boroh to court

    Unpaid amnesty stipends: Ex-militants drag FG, Boroh to court

    The Federal High Court sitting in Yenagoa, Bayelsa State, Thursday, fixed November 8 to hear a suit filed by 11 ex-militants against an ex-militant leader, Mr. Emomotimi Ukparasia, popularly known as ‘General’ Africa, following non-payment of their amnesty stipends.

    Also joined in the suit are the Federal Government, the Coordinator of the Presidential Amnesty Programme (PAP), Gen. Paul Boroh (retd) and the Attorney-General of the Federation.

    The ex-militants, who were in the camp of Africa, are praying the court to declare that they are validly qualified beneficiaries of the amnesty programme.

    They are also seeking a declaration that the defendants are liable especially Boroh for the payment of their allowances from October 2009 till the termination of the programme.

    They are praying the court to mandate the defendants to pay “the sum of N65,000 multiplied by 11 persons being their monthly allowance from October 2009 to September 2012 amounting to N25.6million only and the total accruals of their allowances at the termination of this suit”.

    In their statement of claims, the ex-militants averred that they accepted the amnesty declaration of the Federal Government, submitted themselves to the disarmament process and participated fully in the post amnesty orientation training at Obubra, Cross River State.

    They said they were given three certificates each by the trainees who were contracted for the training by the government.

    According to them, they were identified by Africa for admission into the camp and issued identity cards by the Presidential Amnesty Programme adding that having passed through the processes they became qualified to benefit from the programme.

    They further averred that based on their qualifications, the defendants asked them to open accounts in different banks for the payment of their stipends.

    “We concluded the training and ought to start receiving allowances from October 2009 till the end of the amnesty programme but have not received anything.

    “Since we finished our orientation and were asked to leave the camp with promises that we would start receiving our allowances, we have not received any allowance or any other monies for any reasons related to the amnesty programme from the defendant or any other persons”, they said.

    The suit listed the aggrieved ex-militants as Karibo Allen, Sunday Elijah, Utiki Claudius, Boukeme Nimitei, Kingsley Nichodemus, Leleindine and Sanga Sanga.

    Others are James Godgift, Philip Bibinibeye, Joseph Macdonus and Allison Timi-Izuo.

  • Falana blames NJC, NBA for rot in judiciary

    Falana blames NJC, NBA for rot in judiciary

    A Lagos based legal luminary, Mr Femi Falana has urged the Attorney-General of the Federation to arraign the three Judges arrested for alleged corrupt practices in court without any delay.

    At the same time, he also blamed the National Judicial Council and the Nigerian Bar Association for the rot in the judiciary.

    In a statement issued on Sunday, Falana described the detained judges as presumed innocent until the contrary was proven by the state.

    The legal practitioner said that they should also be admitted to bail in self-recognition.

    Falana expressed concern that over the years, the National Judicial Council (NJC) paid lip service to the crisis of judicial corruption in the country.

    “It is a matter of grave concern that the legal profession has allowed the denigration of the hallowed temple of justice because of the misconduct of a few corrupt judges.

    “For several years, judges who committed grave criminal offences were not prosecuted but merely retired by the authorities on the recommendation of the NJC.

    “Although the NJC recently recommended the dismissal and prosecution of a judge for extorting N197 million from a litigant, the authorities had paid lip service to the menace of judicial corruption in the country,’’ he said.

    Falana alleged that the Nigerian Bar Association (NBA) has continued to shield corrupt judges to the embarrassment of incorruptible members of the bar and the bench.

    “The few lawyers who have plucked up the courage to expose corrupt judges and lawyers have been stigmatised and treated like lepers by their colleagues.

    “It is on record that when anti-graft agencies sent invitation letters to judges suspected of corruption, they had rushed to the Federal High Court to obtain interlocutory injunctions to prevent their arrest, investigation and prosecution.

    “Having failed to take advantage of relevant statutory disciplinary bodies to purge the bar and the bench of corrupt elements the members of the legal profession have themselves to blame for the harassment of judges by security forces.

    “It is on account of negligence on the part of the legal profession that the SSS has engaged in the arrest of judges for alleged corruption and abuse of office,’’ Falana said.

    The legal practitioner also urged the bar and the bench to strengthen their disciplinary bodies with a view to removing the few corrupt judges and lawyers.

    Falana, however, expressed concern that demand of human rights community to the effect that the fundamental rights of lowly placed criminal suspects be respected by security agencies was treated with disdain.

    “Judges and other influential citizens have since become victims of institutionalized abuse of official harassment.

    “It is high time that all stakeholders demanded that every criminal suspect be treated with dignity in line with the provision of the Constitution and the Administration of Criminal Justice Act 2015,’’ he added.

    The News Agency of Nigeria (NAN) reports that the State Security Service (SSS) raided the official quarters of judges at Abuja, Gombe, Kano and Port Harcourt on Friday night.

    During the raid, the homes of the Judges were searched while some of them were arrested and detained by the SSS. 

  • Nigeria, UK sign MoU on return of stolen assets

    Nigeria, UK sign MoU on return of stolen assets

    The Federal Government has signed a Memorandum of Understanding (MoU) with the British Government on the modalities for the return of Nigerian stolen assets.

    The Attorney-General of the Federation, Mr Abubakar Malami, signed on behalf of the Federal Government in Abuja on Tuesday.

    Malami said that the MoU reflected the desire and willingness of both countries to continue cooperation and mutual support.

    Malami said that this was in the responsible and transparent return of all recovered assets.

    He outlined the objectives of the MoU to include the fact that the processes of returning stolen assets was a partnership recognising the interest of both countries and based on mutual understanding, confidence and trust.

    “That both countries recognised that they have a mutual interest in ensuring that returned assets are not at risk of being misappropriated again.

    “And that both countries recognised they have obligations toward their own citizens for providing such assurances.

    “That both countries recognised the importance of ensuring that the highest possible standard of transparency and accountability are applied for the return of assets.”

    He gave the assurance to the international community that all funds recovered would be judiciously utilised for projects that would benefit the poorest segment of the Nigerian society.

    Earlier, leader of the UK delegation, British Minister of State for Immigration, Robert Goodwill, said that the MoU provided the mechanism by which monies could be returned.

    Goodwill, who is also a member of the British Parliament, noted that there was no safe place for stolen assets in the UK.

    “Our ability to recover and return stolen assets should send a clear message to all who may seek to habour such assets that there is no safe haven in the U.K,” he said.

    According to him, the British government is committed to the return of all funds looted from the Nigerian State.

    “We are keen to do this as soon as the necessary legal process allow.

    “As outlined at the summit, we will be taking steps to accelerate the procedures for identification and confiscation of illegally acquired assets.”

    He said that they were as committed as Nigeria in ensuring that beneficial ownership of assets was made available to relevant authorities so they know who the real owners of assets held in the UK are.

    “Forty jurisdictions, including British Overseas Territories and Crown Dependencies announced that they will automatically share beneficial ownership information relating to companies, trusts, foundations, Shell companies and other relevant entities and legal arrangements.

    “It is important that everyone can see how returned assets are used to benefit Nigerians. We have therefore agreed in this MoU to be fully transparent about this.”

    The signing of the MoU is a follow up to the agreement reached at the London anti-corruption summit in May.

  • Saraki seeks probe of diversion of IDPs relief items

    Saraki seeks probe of diversion of IDPs relief items

    Senate President, Abubakar Bukola Saraki, Thursday asked security agencies to immediately set machinery in motion to investigate allegations of diversion of relief items meant for Internally Displaced Persons (IDPs) camps.

    The Senate President also asked the Attorney General of the Federation, Mallam Abubakar Mallami to prepare grounds to prosecute anybody found wanting in the diversion of items meant for IDPs.

    This is contained in a statement by the Special Adviser (Media and Publicity) to the Senate President, Yusuph Olaniyonu in Abuja.

    The statement said that with recent reports of aid relief deliverables being diverted by some officials in charge of ensuring the distribution of materials to the IDPs, Saraki urged the security agencies to immediately set up a team of crack detectives to investigate the allegations while the Attorney General should ensure the prosecution of individuals found culpable in the misappropriation of relief items.

    “Such reports are totally unacceptable. The IGP must immediately take action and bring all those that have carted away relief materials meant for the people of the North East to book,” Saraki was reported to have said.

    It said that Saraki commended the pledge of the United Nations Children’s Fund (UNICEF) to continue providing relief assistance to millions in the North-east, despite last  Thursday’s (June 28th, 2016) attack on a its relief convoy that left two aid workers, one contractor and two soldiers  injured.

    It said that the Senate President also “called on the security agencies and the Attorney General of the Federation, Mr. Abubakar Malami to investigate the allegations that some aid deliverables meant for the internally displaced persons are being diverted by officials in charge of distributing to the people.”

    It said that the Senate President applauded UNICEF for not turning its back on the troubled zone, which has witnessed increased cases of malnutrition – primarily amongst women and children – since the Boko Haram insurgency in the region led to suspension of agricultural activities, destroyed markets, and hindered access to clean water.

    Saraki was quoted to have said, “UNICEF’s decision to press on in the North East despite Thursday’s attack is truly commendable. On our part, the Nigerian government must back the resolve of our international partners with greater coordination platforms in terms of security for aid workers and thorough mandate mapping exercises to ensure that we are meeting the needs of those in crisis areas.”

    Saraki further reiterated his call for an immediate review of the security situation in the North East by the relevant authorities, and urged domestic and international partners to step up humanitarian intervention projects in the region to save more lives.

    “It is a difficult situation, whichever way we look at it,” he said, “however, its situations like these that should prompt aid agencies on the ground to scale up their activities and coordination in order to save thousands of lives.”

    It said that late last week, unidentified assailants attacked a humanitarian convoy that was on its way to Maiduguri, the Borno State capital from Bama.

    The convoy included staff from UNICEF, the United Nations Population Fund (UNFPA), and the International Organisation for Migration (IOM). Following this attack, UNICEF announced that it would be temporarily suspending “humanitarian assistance missions pending review of the security situation” in the North East.

    In recent months, the organisation has repeatedly issued warnings that of the 244,000 children suffering from acute malnutrition in Borno State alone; one in five would die if they do not receive the appropriate treatment.

    Last month, Saraki led a delegation to IDP camps in Maiduguri, Borno State where he pledged that the Senate would work on expediting the passage of the North East Development Commission (NEDC) Bill as well as look into the issue of malnutrition and shortage of medical supplies in the North East.

    The NEDC Bill aims to create a multi-state platform for the coordination of relief and donations to the zone.

    .

     

  • Alleged Forgery: APC Scandinavia reprove Senate over AGF

    Alleged Forgery: APC Scandinavia reprove Senate over AGF

    The Chairman, All Progressives Congress (APC) Scandinavia, Mr Ayoola Lawal has advised the leadership of the Senate to desist from apportioning baseless faults on the Minister of Justice and Attorney General of the Federation, (AGF) Abubakar Malami (SAN) over its alleged forgery case.

    Lawal, who made this known in a recent press statement, noted the Minister of Justice is merely doing his executive duty by calling the attention of the judiciary to what he perceived was not in tandem with national policy of the President Buhari-led administration.

    According to him, if the Senate leadership is convinced that it did not forge the Senate rule as accused, at should stop raising dust over the matter and simply defend itself before the law court.

    “I tell you the truth, the attitude of the Senate to the matter raised by the AGF over forgery of Senate rule indicates that there is skeleton in the senate’s cupboard, which it cannot defend,” he said.

    Referring to the AGF’s response to the senate leadership on Friday, Lawal said: “I agree that claims by the Senate that the charge of forgery against Saraki, his deputy Ike Ekweremadu and two others, amounted to an abuse of the principle of separation of powers.”

    Charged with the Senate president and the deputy Senate president are former Clerk of the National Assembly Salisu Maikasuwa and Clerk of the Senate Bernard Efeturi.

    “Yes, this is democracy, and as the AGF has said, the senate president and his deputy have no immunity from trial. Forgery of Senate rules cannot be described as an internal affair of the Senate, never!“ he stressed.

    He then urge the AGF to continue with his rightful duty as Nigerians are fully in support of his actions, saying: “Impunity must stop at all levels and everyone accused should face the full weight of the law, if found truly guilty by the court.”
    We all deserve a better life for ourselves and generation unborn. I strongly believe that with the tenacity of Mr. President to fight indiscipline and corruption irrespective of whose ox is gored and support from majority of Nigerians, Nigeria will be great again.

  • Bayelsa Assembly to swear-in three opposition members

    Bayelsa Assembly to swear-in three opposition members

    The Kombowei Benson-led Bayelsa State House of Assembly has bowed to pressure and opted to swear-in three lawmakers elected on the platforms of opposition political parties.

    The Speaker, Benson, has been under attacks from different groups for failing to inaugurate the lawmakers four months after they were declared winners of their constituencies.

    Benson has refused to administer oaths of office on Watson Belemote of the All Progressive Grand Alliance (APGA), representing Brass Constituency 2; Gibson Munalayefa of the Labour Party (LP) for Ogbia constituency 2 and Gabriel Ogbara of African Democratic Congress (ADC) for Ogbia constituency 3.

    They were declared winners of their various constituencies four months ago by the Appeal Court sitting in Port Harcourt, Rivers State.

    The police, elders in the state under the aegis Bayelsa First Initiative (BFI) including the office of the Attorney-General of the Federation had warned Benson of the consequences of not swearing-in the lawmakers.

    The Governor of the state, Mr. Seriake Dickson, was also accused of being the unseen hand behind the travails of the lawmakers.

    But Dickson denied involvement.

    It was gathered Wednesday that Benson announced on the floor of the House that the members-elect would be sworn in Thursday.

    He reportedly blamed the delay in their inauguration to faulty processes saying the elected lawmakers did not furnish the House with requisite documents on time.

    He said as a law-making body, the House was under obligations to follow laid down procedure in swearing-in members and not to depend on petitions from lawyers.

     

  • Lagos Ibadan expressway: Court strikes out AGF’s objection

    The Federal High Court in Lagos has struck out a preliminary objection filed by the Attorney-General of the Federation (AGF) in a suit by B-Courtney Services Ltd.

    The AGF filed the objection last November 3, urging the court to make an order dismissing or striking out the suit for being statute barred.

    The defendant said Bi-Courtney lacked the locus standi to prevent the Federal Government from rehabilitating or reconstructing the Lagos-Ibadan expressway which is a public infrastructure.

    AGF said the plaintiff lacked reasonable cause of action that could sustain the reliefs sought, urging the court to hold that the defendant was not a juristic person.

    Ruling on the preliminary objection on Tuesday, Justice Ibrahim Buba held that the objection lacked merit.

    The court held that having carefully read all the processes filed as well as arguments of counsel, it was clear that the action was commenced to protect the “res” or reliefs in a sister case, numbered FHC/L/CS/103/13.

    The court held that the suit could not be heard without making reference to the pending suit.

    Justice Buba, accordingly, dismissed the preliminary objection and held that it was academic.

    Bi-Courtney commenced court action in 2012 to redress the Federal Government’s purported termination of the Lagos-Ibadan Expressway project.

    It is contending that the purported concession granted to Motorways Limited through the Infrastructure Bank did not go through any due process.

    It said it was never advertised in newspapers as the Infrastructure Concession Regulatory Commission Act expressly provides that concessions in Nigeria must be advertised in two national dailies.

    The commission, the plaintiff said, must also issue a no-objection approval before the concession is taken to the Federal Executive Council for approval.

    None of these elementary steps were taken, Bi-Courtney said.

    Justice Buba adjourned the case till May 12 for hearing.

     

  • Kogi crisis: Stalemate as Reps, AGF meet

    Kogi crisis: Stalemate as Reps, AGF meet

    The meeting of the House of Representatives Committee on the Kogi House of Assembly Crisis and the Attorney-General of the Federation and Minister Justice, Abubakar Malami ended in a stalemate Monday.

    The Majority Leader of the House of Representatives, Femi Gbajabiamila who is the head of the committee while speaking after a closed door meeting with Malami Monday said the meeting was “ongoing.”

    His words:”The outcome of the meeting? Well we are making steady progress, what we have is an ongoing discussion. There are a lot of issues to be resolved and hopefully, we will be able to resolve them next week.”

    On if there was an agreement with the AGF on if to maintain the status-quo or not, Gbajabiamila said: “No, no, we didn’t go in there to come to an agreement. We went in there to discuss the issues, to unravel all the legal and factual issues. And this is still ongoing and by next week, we will resolve all the issues.”

    On the findings of the committee, the lawmaker said: “We have found out that there are lot of constitutional issues between the Attorney-General’s office and the National Assembly that we need to look into it not just at face value.”

    The Majority Leader said it was apparent that the AGF wrote a letter to the IGP “and it’s clear that the IGP acted on the letter.”

    He said the contents of the letter and constitutional issue were discussed.

    “I know it is a very important matter that not just the press, but everyone in Nigeria is interested in how we resolve this issue. But you just have to be patient because whatever we resolve now sets a precedent for the future.

    “And so we are taking our time to look at all the issues, we are not rushing into it, we will dot all the i’s and cross the t’s. We should by any way or the other come out with the report next week.”

    Recall that the House of Representatives summoned the Attorney-General of the Federation and Minister Justice, Abubakar Malami and the Inspector – General of Police, Solomon Arase over the crisis in the Kpgi State House of Assembly.

    While Abubakar  Malami was to appear before the 22- member ad hoc committee headed by the Majority Leader, Femi Gbajabiamila to explain why he advised the IG to discountenance the House’s directive to seal the Kogi State House of Assembly, the IG was to explain why he sought the AGF’s advice after being given a clear directive by the National Assembly.

    But the Inspector- General of the Police, Solomon Arase last week apologized to the members of the House, saying he did not purposely contravene the directives of the House to seal the Kogi State House of Assembly.

    Arase, who appeared before an Adhoc committee on the crisis said what occurred was misinformation and that it was not in his character to disobey laid down rules and constituted authority and powers of the National Assembly.

  • Bank, others seek to quash N327million fraud charge

    Bank, others seek to quash N327million fraud charge

    The Nigeria International Bank Limited and 16 others charged with alleged N327million fraud have urged the Federal High Court in Lagos to quash the criminal charge.

    The charge, filed by the Attorney-General of the Federation (AGF) Abubakar Malami (SAN) is pending before Justice Ibrahim Buba.

    The accused persons were charged with 20 counts of conspiracy to defraud, intent to defraud by means of false pretenses, conspiracy to commit fraud, falsification of document, presenting untrue documents, counterfeiting and production of forged documents.

    They allegedly conspired to commit an offence by inducing Micmerah International Agency Limited, by means of false pretences and with intent to defraud, to deliver N250million to them. The money, said the prosecution, was intended to be used for offsetting a fraudulent import finance facility scheme.

    Thursday, defence counsel, Prof Taiwo Osipitan (SAN), said he had filed an application seeking to quash the charge.

    “We filed a motion to quash the charge on the basis of abuse of court process. This is the third time the case will be filed after two previous Attorneys-General entered a nolle prosequi (a formal notice by a prosecutor to withdraw a charge).

    “They (prosecution) cannot be using the machinery of the court to oppress and irritate the accused,” he said.

    Prosecution counsel Mr Gordy Uche (SAN) said the defendants ought to be present before they can bring any application to quash the charge, in line with Section 396 (1) of the Administration of Criminal Justice Act (ACJA) 2015.

    “I see this application as the height of arrogance. Having been served with a criminal summons, they ought to be here. They cannot stay in their homes and ask the court to dispense with their appearance. It is only after plea has been taken that they can raise objection,” he said.

    Osipitan said since the defendants were challenging the constitutionality of the charge, they were not bound to be present. He said the court’s jurisdiction has to be determined first.

    According to the prosecution, the defendants on January 31, 2001 at 1, Idowu Taylor Street, Victoria Island, Lagos, also allegedly conspired with a Central Bank of Nigeria (CBN) staff to induce Micmerah International to deliver N55million to Mikky Dons Nigeria.

    The money was said to be meant for payment of Customs Duty on four Volvo luxury buses and two 40 feet containers imported by Micmerah International.

    According to the prosecution, the accused forged Customs Revenue Receipts for N55million with intent that they may be acted upon as genuine in order to defraud Micmerah International and the Federal Government.

    The defendants “contributed to Nigeria’s economic adversity” by diverting money meant for payment of Customs duty to themselves, the prosecution said.

    The alleged offences contravene sections 1(1)(a) (b) and 8 (a) of the Advance Fee Fraud and other Related Offences Act 2004; sections 161 (1) (a) and 162 (a) of the Customs and Excise Management Act; Section 1 (2)(c) of the Miscellaneous Offences Act of 2004 and Section 516 of the Criminal Code Act of 2004.

    Justice Buba adjourned until May 9 to enable the prosecution respond to the application to quash the charge.

     

  • Zaria Clash: El-Zakzaky drags FG, Army, others to Court 

    Zaria Clash: El-Zakzaky drags FG, Army, others to Court 

    The leader of the Islamic Movement in Nigeria (IMN), popularly known as the Shi’ite sect, Sheikh Ibraheem Zakzaky who is still under custody dragged the Nigerian Army, the Chief of Army Staff (COAS) and others to the Federal High Court, demanding for N3bn as general damages.

    Others dragged sued alongside the Army and its chief are Director General State Security Services (SSS), Inspector General of Police (IGP) and the Attorney General of the Federation (AGF) to court as 1st-5th respondents.

    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 Wednesday 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.

    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 guaranteed‎ 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 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 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 i$gn his house at Zaria by armed soldiers who are agents of the 1st respondent on 14, December, 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 wihout access to mebers of his family and the IMN since December 14th 2015 till date is illegal and unconstitutional.
    • 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.

    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.

    The counsel also sought an order of the court restraining the respondent from further arresting and or detaining and or harassing the applicant in any manner whatsoever and howsoever without lawful justification.

    Addressing newsmen on behalf of the Counsels, Festus 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.

    “That the arrest of the leader of the movement on 14th day of December, 2015 and his detention till date without access to his medical doctor is unconstitutional as it violates his fundamental rights to personal liberty and health as enshrined in section 35 of the constitution of Federal Republic of Nigeria, (as amended) and articles 6 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the federation of Nigeria, 2004.”

    He expressed dismay with the extra judicial killing of the leader’s three children and hundreds of other members of the movement by the armed soldiers, adding that the arrest of El-Zakzaky without warrant in his home at No. 1 Wali road, Gyallesu, Zaria by armed soldiers was a flagrant violation of his fundamental rights to privacy and private property guaranteed by section 35 (1) (4) (6) of the constitution of Nigeria.

    Speaking on the Judicial Commission of Inquiry set up by the Kaduna State government, he said, the leader of the Islamic movement of Nigeria expressed his reservations about the movement putting his appearance before the commission of inquiry particularly considering the composition of the commission and the fact that the Nigerian Army is a federal institution that is not subject to the control of the Kaduna State government and its agencies.

    “During our conference with the leader of the Islamic movement of Nigeria, we notified him of the fact that the Kaduna State government has set up a judicial commission of inquiry to look into the remote and immediate causes of the Army/Shiite clash and also of the fact that scores of members of the movement lost their lives during the clash while over 200 of them are in prison custody on allegations of attempted murder of the Chief of Army Staff.

    “He instructed us to challenge the composition of the commission and its impartiality in court and also instructed that we file an application to enforce his fundamental rights which we agreed has been and are still being infringed upon by his continued detention without trial and without his having been informed of the basis upon which he was being detained.

    “On the 12th day of April 2016, we filed 2 originating motions before the Federal High Court sitting in Abuja on behalf of the leader of the Islamic Movement and his wife, Zeenat. Joined in the said originating summons are the Nigerian Army, the Chief of Army Staff, the department of State Services, the Inspector General of Police and the Attorney General of the Federation seeking identical reliefs for both applicants,” he observed.