The Nation Newspaper

Tag: Ibraheem El-Zakzaky.

  • A deplorable mix of propaganda and legalism

    IT was not enough that the federal government defied the courts in their case against the Shiite leader, Ibraheem El-Zakzaky, nor found the restraint and constitutionality to entwine the Shiite leader in further charges that overtook the initial trials and judgements, they have now also decided on the scaremongering tactics of paint the sheikh as a dangerous nihilist dedicated to fomenting a bloody revolution and Islamising Nigeria. The government’s tactics have largely worked, thus rendering the trial unfair. Indeed, given the emotions the government has whipped up, anyone calling for a fair trial is regarded as impressionable or complicit in the anticipated Iran-sponsored Nigerian Shiite revolution.

    By a combination of propaganda and litigation, the Shiite leader is being demonised far in excess of the scarification the Sheikh’s Zaria, Kaduna State, neighbours felt during the sect’s dominance of the northern city. But it is time to distill legalism from propaganda. By all means put the Sheikh on trial, and if he is found guilty, punish him in line with the law. However, not only has the government promoted enough propaganda to elicit a mistrial, and has done so unconscionably, it has also brazenly defied the law by wilfully spurning court decisions on the case. Sadly, Nigerians have become short-sightedly complicit.

    The government cannot have its cake and eat it. If Nigerian leaders have any regard for the rule of law and democracy, they must recognise that the law exists because of offence, and that no matter how brutal the offence, the law cannot and must not exceed itself or subvert its rubrics to engage cruel tactics and abuse of process in the haste to tackle the problem. The only way to prove that society has not degenerated to the same abominable standard of criminals are the tactics by which the government restrains itself in its delicate and sometimes convoluted interactions with criminals in the face of egregious crimes.

  • IMN leader seeking comfort in five-star hotel, says Fed Govt

    THE Permanent Secretary, Ministry of Information and Culture said since El-Zakzaky got to Dubai, he had been displaying ulterior motives against laid down procedures.

    Besides, the permanent secretary said the situation became worse in India as the IMN leader refused to subject himself to preliminary medical checks.

    According to the government official, El-Zakzaky was demanding free movement and access to visitors of all kinds. He requested  to be allowed to check into a Five-Star Hotel instead of being admitted in the hospital.

    The statement reads: “The court on August 5, 2019, granted Sheikh Ibraheem EL-Zakzaky leave to travel to India for medical treatment.  Consequently, the government and its relevant agencies took steps to comply with the Order.

    “In line with the court order, El-Zakzaky was approved to embark on the trip with state officials and his choice to be accompanied by his aides and personal Doctors was not opposed by the government.

    “On 12th August, 2019, he and other members of the entourage went to India via Dubai. It is to be noted that El-Zakzaky particularly chose Medanta Hospital, India. However, on reaching Dubai, El-Zakzaky began to display ulterior motives against laid down procedures.

    “He requested that his passport be handed over to him but the State officials would not budge to his pressure. The situation became worse in India as he refused to subject himself to preliminary medical checks.

    Read Also: El-Zakzaky begins treatment in India

    “In addition, he demanded free movement and access to visitors of all kinds as well as requested to be allowed to check into a 5-Star Hotel instead of being admitted in the hospital. The request was refused on the ground that he came into the country for medicals and not as a tourist (more so that his visa was issued on medical grounds and not for tourism). He also demanded that Police protection be withdrawn from him by the Indian authorities.

    “Against medical ethics and standard practice, he requested to nominate doctors of his choice to join the ones tasked by Medanta Hospital to perform medical treatment on him and his wife. This created a stalemate, which the Hospital insisted that he would not dictate to it on the choice of medical personnel to carry the required medical treatment.

    “Frustrated by his antics, the Indian authorities have expressed willingness to return him to Nigeria with immediate effect. This is on the account that they will not allow him use their country to internationalise his group’s activities.

    “Against this background, the Nigerian government wishes to commend the stand of the Indian government as well as apologize to her for the unruly behaviour of El-Zakzaky. Similarly, the attention of the public and indeed the international community is hereby drawn to these unfortunate developments.

    “The government also wishes to use this opportunity to affirm its readiness to undertake the prosecution of El-Zakzaky through due process if and when he is returned to the country. On this note, his foul cry that he is being held in circumstances worse than he was in Nigeria should be disregarded.”

  • Shiites leaders, operatives ‘escort’ El-Zakzaky to India

    THE Federal Government on Monday allowed a 10-man delegation to accompany the leader of the Islamic Movement of Nigeria (IMN) Sheikh Ibraheem El-Zakzaky and his wife, Zeenat, to India on medical trip.

    The delegation is made up of four IMN (Shiites) leaders and six security operatives. The IMN also spoke on El-Zakzaky’s trip.

    An IMN member gave the names of its leader’s family members on the trip as Zainab and Hassan Bala. The name of the accompanying doctor was given simply as Rahamat. But the security operatives were not identified.

    They flew out of the country on Emirates Commercial airliner yesterday via the Nnamdi Azikiwe International Airport to India. The IMN leader and his wife are to receive medical attention for undisclosed health challenge.

    According to investigation, the government opted for delegates from both sides to “ensure a transparent medical procedure.”

    A top source said: “The government decided to allow four leaders/ members of the Shiites to follow El-Zakzaky to demonstrate its commitment to a fair and transparent medical procedure.

    “The government did not want to leave any gap for misrepresentation of the medical treatment.  All these delegates will be part of the process.

    “The government felt there was need to build confidence between the two sides. This is a sensitive trip.”

    It was also learnt that the Federal Government “mitigated the legal course, especially the conditions attached to the trip” based on security reports and to show good faith.

    The source added: “The conditions set by the court were acceptable to both parties and the Federal Government deliberately mitigated further legal hurdles at the Court of Appeal and the Supreme Court to show good faith.

    “Security reports also indicated that there was no basis for dragging the legal issues on the conditions further. The agencies advised against aggravating the situation.”

    The list of delegates was kept under wraps last night for “security reasons.”

    The IMN on Monday released the details of El-Zakzaky and his wife’s departure for India.

    It said the wife could only make it to the airport on a wheelchair.

    Read Also: El-Zakzaky, wife released to travel for medicare

    The IMN gave the details in a statement by the Chairman, Free Zakzaky Campaign Committee,  Abdurrahman Abubakar Yola.

    The statement said: “The leader of the Islamic Movement in Nigeria, Sheikh Ibraheem Zakzaky and his wife have at last just left Nigeria for India alongside some family members and security operatives.

    “This followed the granting of the couple’s application for leave to seek medical attention in New Delhi, India last week by Justice Darius Khobo of Kaduna State High Court.

    “In spite of the attempted efforts at frustrating this emergency medical journey by the Kaduna state government, which tried to unilaterally put conditions to the journey even though it lacked such powers, the journey has gone on without hitches.

    “This emergency medical journey is consequent on the facts that both the Sheikh and his wife are known to be clearly very ill in detention, sequel to the brutal wounds unjustifiably inflicted on them by the state agents in the name of Nigerian army, the resultant prolonged dehumanising detention in the custody of the Department of State Services (DSS) and the obvious poisoning of the Sheikh.

    “As a result of all these physical and psychological stress, the Sheikh suffered series of mild strokes and is at the risk of further recurrences.

    “At the same time, he lost one eye following the military attack and is at a severe risk of losing his sight completely in the other. He is now found to have more than twenty times the toxic levels of lead poison in his body!

    “Similarly, the wife has been under excruciating pains with shrapnel deeply lodged in her body for all these years of inhuman conditions in detention. She now is able to ambulate only with the use of a wheelchair, even to the airport.

    “They have been battling ailments that could not be treated in Nigeria, as posited by the foreign medical experts that earlier in the year assessed their health condition. Undoubtedly, both risk losing their lives had the medical journey been further delayed or denied.

    “We wish to use this opportunity to thank all people of conscience, particularly the team of lawyers being led by Femi Falana, SAN, some very senior citizens, diplomats, human rights activists and organisations, journalists and the general public who doggedly stood by us in the campaign for justice for the victims of Zaria genocide. Thank you and God bless.”

    The National Intelligence Agency (NIA) and DSS that had been working behind the scene to resolve the impasse triggered by the detention of Shiite leader have advised the presidency on the appropriateness of obeying the court orders since some foreign interests including the Iranian government have sought a diplomatic approach in managing the issue.

    The Kaduna State government had after the court order given fresh conditions which include:

    • the confirmation of his appointment with the hospital by the Ministry of Foreign Affairs;
    • an undertaking by the defendants to produce two prominent and reliable persons as sureties, one being a first-class chief/emir of national repute and the other a prominent person within Kaduna State, who shall undertake to produce the defendants whenever they are needed.

    The Kaduna State government which has shown respect to the court’s ruling on medical leave, however, disagreed with the premises on which it is based.

  • Shiites: damned if they do, and damned if they don’t

    AFTER a few incidents of killings inspired by the federal government against members and leaders of the Islamic Movement in Nigeria (IMN), from Zaria in Kaduna State to Abuja, the federal capital city, and with obviously no end in sight given the obstinacy of the Shiites and the intransigence of the government, the Muhammadu Buhari presidency has, it seems, finally found a clever and judicious way out of the impasse. It has consented to the application by the IMN leader, Ibraheem El-Zakzaky, and his wife, Zeenat, to be granted leave to undertake a medical trip to India for treatment for their ‘war’ wounds. It is not clear why they had not been treated before now, other than that IMN lawyers’ had insisted that Nigeria lacked the equipment and personnel to handle the grave injuries suffered by Sheikh El-Zakzaky and his wife.

    Seizing upon the small window of calm occasioned by the ban placed on the IMN, not to say the court ruling in Kaduna that granted the IMN leader and his wife leave to seek medical attention in India, the Department of State Service (DSS) promptly acquiesced to the court order and declared its preparedness to comply. It appeared the federal government, despite its high-handedness, was more sensitive to the security implications of further denying the IMN leaders’ bid to travel abroad for treatment. Should he die in custody, the consequences would be unpredictable. And should he be denied his medical trip, no one could tell just what texture of flare-ups to expect from the movement’s boisterous and increasingly apocalyptic members.

    Inexplicably, the Kaduna State government, which does not bear responsibility for the peace of the country, and which very often carries itself as an Island responsible to no one, not even to God, has sought to hedge the Kaduna court ruling with incendiary caveats, seven of which are as provocative as they are insensitive. It will be strange indeed if the court, to which Kaduna has returned to seek curious reliefs, were to entertain the overindulged state government. It should be in the interest of the federal and state governments to quickly allow the Shiite leader and his wife seek medical care abroad. And it is a shame that what ailed the Shiite leaders could not be handled in Nigeria, a testament to the continuing, appalling and for now deplorable state of healthcare in Nigeria. The federal government is not known to be too restrained about many things; but under Mallam Nasir el-Rufai, the Kaduna State government is even less restrained and less scrupulous.

    Sheikh El-Zakzaky and his wife will travel abroad for treatment whether under favourable conditions or under hostile Kaduna State-induced circumscriptions. Nigeria must hope that the sheikh, particularly, should survive the ordeal he has gone through in the past few years. Should he not survive it, IMN and other independent exponents of democracy and the rule of law would attribute his fate to the federal and state governments’ pussyfooting, if not deliberate orchestration. Both the federal and state governments may feign indifference, but given the many deaths they have authored against the IMN, which deaths no one or institution has been held accountable for, the general conclusions would be that the government is wholly responsible. Should he survive it, and resume his trial, the state of tension would resume in full, and with other predisposing anarchic conditions in the country, could at any time take a turn for the worse.

    The deadly Nigerian Shiite conundrum is, sadly, the making of the government. That the IMN grew into the menace the government and the sect’s Zaria neighbours have alleged is largely due to the incompetence or connivance of security and law enforcement agencies. Over the years, they had watched as the sect expanded its operations and began muscling its neighbours and other road users. In its early years, had law enforcement courageously and intelligently handled the sect’s obstreperous tendencies, the situation would not have gone out of hand. Instead, politicians and other government officials handled the sect with kid gloves, pandered to their whims, and glossed dangerously over the dichotomy and subterranean struggles between the minority Shia and majority Sunni. Even when security agents embarked on spasmodic response to the so-called IMN menace, they invariably preferred high-handed, simplistic  and short-termist approach in tackling what is evidently a complex problem.

    In addition, by killing more than 300 IMN members in December 2015 in a bid to tame them, the government simply muddied the waters and complicated the crisis thereby raising all sorts of intractable human rights and constitutional issues. The government will of course still be held accountable for the 2015 massacre. But the problems triggered by that explosive rage of December 12-14, 2015 will last far longer than the lifespan of this government. The crackdown on protesting IMN members demanding the release of Sheikh El-Zakzaky last year and early this year leading to the killing of scores of IMN members and disruption of peace in Abuja, the federal capital city, indicates quite clearly the futility of deploying force to tackle a problem that is both religious and ideological. Furthermore, it is hard to see how beliefs, whether mainstream Shia or not, can be legislated away or juridically extirpated.

    The federal government may already have begun to sense the hopelessness of the situation, and may warily be reconsidering the foolish tactics of killing more IMN members simply to pacify the revolt and restore normality. Not only that, the ban on IMN is as misplaced and simplistic as the mindless killing of its members is ineffective and counterproductive. The IMN may be a noisy and unruly neighbour, but the answer cannot definitely be extermination, as the Kaduna governor seems disturbingly enamoured of. All over Nigeria, sects, tribes and socio-economic groups have constituted themselves into unruly neighbours to one another. Stereotyping them, not to say massacring them, is as dangerous and criminal as the offence committed originally by the intransigent groups.

    What is even worse for the federal and state governments are the campaigns and propaganda they have authored against the IMN. The IMN is the largest Shia group in Nigeria. The government has tried to paint them as a minority within the minority. Furthermore, they have tried to justify the many crackdowns and massacres visited on the sect, suggesting that they could be guilty of futuristic crimes, such as their supposed capacity to replicate the debilitating insurgency practiced by Boko Haram. In addition, the government has lied against the IMN leaders, who were shot outside the epicentre of the clash in Zaria, and denied them justice based on contrived legal rigmarole. Sheikh El-Zakzaky got a judgement against the government in December 2016, a judgement disdained by the federal government. It was not until May 2018 that the Kaduna State government filed a murder charge against the IMN leader and his wife, a charge that indicates pure governmental mendacity and oppressiveness. The government then turned round to use the 2018 murder charge to justify the prolonged detention of the IMN leader and his wife since 2015.

    The El-Zakzaky case is a reflection of the complicated and difficult approach the government has adopted to rein in dissent and protests. To them, there is no midway between desirable passivity and undesirable agitation, nor a better law enforcement approach than the application of force. However, what is really at play is the lack of understanding of what modern governance entails, including how to project law enforcement tactics within constitutional ambits, and what democracy demands from leaders and the led alike. As long as the government is unable to safely navigate this treacherous terrain between war and peace, as long as they reason predominantly in terms of military rather than civil tactics, they will continue to instigate more societal conundrums, and groups like the IMN will remain damned if they do anything, and damned if they don’t do anything. Both instinct and history should remind the rulers of today the ephemerality of power and the karmic possibility of falling prey to their own tactics, policies and laws. The IMN, despite their follies and foibles, will survive long after President Buhari and Governor el-Rufai have left office. This should tell them something, if they are capable of embracing the lessons of history.

     

  • El-Zakzaky, wife released to travel for medicare

    RELIEF came for members of the Islamic Movement in Nigeria (IMN) as the Department of State Services (DSS) released their leader Sheikh Ibraheem El-Zakzaky to travel abroad for medical treatment. He was released last night

    Justice Darius Khobo of Kaduna State High Court on Monday granted the Shiites’ leader and his wife Zeenat leave to travel to India for medical attention.

    The DSS action was contained in a statement by its Public Relations Officer (PRO), Dr. Peter Afunanya.

    The statement reads: “This is to inform the public that the Department of State Services (DSS) has received the order granting Ibrahim El-Zakzaky leave to travel to India for medical treatment.

    “Consequently, the Service is liaising with relevant stakeholders to ensure compliance.  Conformity with the order is in line with the Service’s avowed commitment to the Rule of Law inherent in a democracy.”

    A top security source added: “All the conditions set by a High Court in Kaduna will be complied with. The top most condition is that he must return to Nigeria for trial.”

    In granting the leave, the court said that El Zakzaky and his wife are to go on medical leave under the supervision or the state.

    The IMN swiftly reacted to the ruling, saying, it was a favourable judgment, which is long overdue.

    But the counsel to the state government and Director of Public Prosecution (DPP), Dari Bayero said they may be appealing the ruling.

    El Zakzaky and wife are facing an eight-count charge, including culpable homicide and public disturbance in connection with the December 2015 clashes between members of the IMN and soldiers in Zaria, which left many persons dead.

    Lead counsel to the petitioner, Femi Falana SAN, had earlier filed application before Justice Darius Khobo’s Kaduna State High Court, seeking leave to allow his clients seek medical treatment abroad.

    Subsequently, the application was adjourned till Monday for ruling.

    Counsel to El-Zakzaky, Marshal Abubakar, while briefing reporters on the outcome of the court ruling said that what Zakzaky was granted was leave, and not bail.

    Abubakar said: “We filed the application asking for leave to save the life of our clients, Sheikh Ibraheem El-Zakzaky and his wife.

    “The ruling came up and the court under Justice Darius Khobo graciously agreed with Mr. Femi Falana SAN and the various medical reports that were attached to the applications. There were eight medical reports that clearly show the applicants are in dire need of medical treatment abroad.

    “The court agreed that they should be be allowed immediate treatment that they sort for and with supervision of the state.”

    However, the state counsel, Bayero said, the state will study the ruling to see whether it will appeal the judgement or not.

    Read Also: El-Zakzaky: Police warn against procession

    Bayero said: “The context of the court ruling is that Sheikh Zakzaky and his wife are granted leave to travel out for urgent medical attention.

    “The court looked through the medical reports filed and believed Mallam is indeed in dire need of medical attention. This is not a bail, but a leave to travel.”

    Asked how long the leave would last, Bayero said:  “Once he is discharged by the hospital he is referred to. So, as soon as his discharged from the hospital and he returns to the country, his trial will resume.

    “The court has ruled and we are bound by the ruling of the court.”

    Asked whether the IMN leader has choice to go to other hospital for the treatment apart from India, Bayero said, “Zakzaky specifically choose to go to the hospital in India.

    “We will go and sit down and study the ruling and explore whether there is need for us to appeal. We have a month to go through that.”

    However, the IMN in a statement issued shortly after the court ruling by Chairman, Free Zakzaky Campaign Committee, Abdurrahman Abubakar Yola, described the ruling as a victory for their dogged determination and perseverance in the face of extreme persecution.

    The IMN statement reads: “Today (Monday 05/08/19), we obtained a favourable judgement in the ruling on application specifically seeking for the court’s permission to allow Sheikh Ibraheem Zakzaky and his wife, Malama Zeenat Ibrahim to seek urgent medical treatment outside this country.

    “This ruling is not only a vindication that leaving all doors open to obtain favourable outcomes works, but it is a victory for our dogged determination, patience and perseverance in the face of extreme persecution. It is a victory for truth and justice against tyranny and impunity.

    “As a result of all these physical and psychological stresses, the Sheikh suffered series of mild strokes and is at the risk of further recurrences.”

  • Falana warns against continued detention of El-Zakzaky

    ACTIVIST lawyer Mr Femi Falana (SAN) has urged the Federal Government to release detained leader of Islamic Movement of Nigeria (IMN), Sheik Ibraheem El-Zakzaky.

    The popular lawyer noted that the continued detention of the Islamic cleric and killing of peaceful Shi’ite protesters by security forces could lead the country into fresh insurgency the nation cannot afford.

    “This nation cannot afford another war of insurgency, which is being provoked by the contemptuous conduct of the Federal Government in the handling of the case of the El-Zakzakys,” Falana said.

    Chronicling the arrest and detention of the Shi’ite leader and his wife, Malama Zainab El-Zakzaky last December 12, the lawyer said over 1,000 Shi’ites were reportedly killed by soldiers on alleged orders of Nigerian Army’s high command and given mass burial in an unmarked grave in Mango village, Kaduna State, over allegations of attempt to assassinate the Chief of Army Staff (COAS), Lt.-Gen. Tukur Yusuf Buratai.

    “Without any autopsy or identification, the slaughtered Shi’ites were given a mass burial in an unmarked grave in Mango village in Kaduna State.

    “Even though Sheik El-Zakzaky was not on the scene of the attack, his home was invaded by the rampaging troops two days later. The troops set the house ablaze, shot at El-Zakzaky, his wife and killed three of their sons in cold blood in their presence.

    “As if such barbaric assault was not enough, the Army arrested and held El-Zakzaky and his wife in custody before handing them over to the State Security Service (DSS). At that stage, the houses of El-Zakzaky and other leaders in Zaria, Kaduna State, were demolished by the state government on the orders of Governor Nasir El-Rufai,” he said.

    Read Also: Soyinka, Falana, others lay wreath on Abiola’s grave

    Falana said the state government constituted a judicial commission of enquiry which established that there was no plan by the Shi’ites to assassinate Gen. Buratai.

    He said the findings of the commission revealed that 347 Shi’ites were massacred by the Army in violation of the Army Rules of Engagement and the Geneva Conventions.

    The lawyer said the commission of enquiry called for the prosecution of those involved in the killings.

    Falana said: “The detained El-Zakzaky was prevented from responding to the allegations against him and his group at the enquiry. But the judicial commission found that there was no plan by the Shi’ites to assassinate General Buratai.

    “It was also revealed at the panel that 347 Shi’ites were massacred by the army in violations of the Army Rules of Engagement and the Geneva Conventions. Apart from condemning the brutal killing of the Shi’ites, the judicial commission recommended that the culprits would be prosecuted.

    “Instead of implementing the recommendations by prosecuting the well-known murderers, the Kaduna State government turned round to charge over 300 Shi’ites with culpable homicide of a soldier who was killed by his colleagues during the attack.

    “But the defence team convinced the Kaduna State High Court to free the Shi’ites as they were not involved in the commission of the offence. Accordingly, the charge was dismissed for want of evidence while the trial court proceeded to discharge and acquit all the defendants.

    “Meanwhile, the suit challenging the illegal detention of El-Zakzaky and his wife was decided in their favour by the Federal High Court on December 2, 2016. The presiding judge, Kolawole J. (as he then was), directed the Federal Government to release the couple from unlawful custody, pay them N50 million reparation and provide them with a temporary house since the Army had burnt down their personal home.

    “But the Buhari regime has characteristically treated the court orders with arrogant contempt. Curiously, the Court of Appeal has refused to hear the application to commit the Director General of the Department State Services (DSS) for contempt of court.

    “Upon our legal advice, the Shi’ites approached three separate High Courts to challenge the violation of their rights to assemble and protest peacefully. The Shi’ites won the cases against the Federal Government as the courts upheld their fundamental rights to freedom of expression, association and assembly.

    “But out of sheer impunity, the Army has killed about 50 Shi’ites at Abuja for protesting against the continued detention of El-Zakzaky and his wife. As the Federal Government could no longer justify the illegal detention of El-Zakzaky and his wife, it directed the Kaduna State government to file a charge against them.”