The Kaduna State High Court IV, presided by Justice Gideon Kurada has on Tuesday turned down the bail application to allow the leader of the Islamic Movement in Nigeria(IMN), Sheikh Ibraheem Zakzaky and his wife to travel abroad for medical treatment.
When the case was mentioned, the prosecution lawyers led by Bayero Dari prayed for the court to continue with the case.
However, the leading counsel to the plaintiffs, Femi Falana SAN made no objection to the demand but prayed for the court to amend the charges to be KDSG vs Sheikh Zakzaky and his wife, to which the presiding Judge agreed to.
Mr Femi Falana then demanded that the court gives a mandatory order that his clients be flown abroad to receive proper medical attention, since the government has glaringly failed to cure them of the injuries they sustained during the army’s onslaught on their residence in December 2015.
He argued that Sheikh Zakzaky had last year January suffered a stroke in detention and since the attack by the soldiers three years ago, has not being allowed to optimally access healthcare.
“He had lost the left eye as a result of the military bullets unleashed on him during the attack and stands a risk of losing his sight completely except if urgent medical attention is provided.
“He also has been seen lately to be spotting a neck collar because of the inability to hold his head without the device, which is a direct consequence of the stroke he suffered while in DSS custody.”
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Mr Femi Falana SAN added that the health situation of Malama Zeenatudeen is similarly dire as she is known to be experiencing severe excruciating pains due to the presence of shrapnel lodged in her body following the horrendous attacks by the Nigerian military. At the moment, she is barely able to walk with the support of a walking stick.
However, Justice Gideon Kurada averred that the court cannot accede to the request of the plaintiff’s lawyer, but has given a mandatory order that Sheikh Zakzaky should be allowed by the government to bring doctors of his choice to examine him in the presence of doctors from the government before the date of the next sitting.
The revered Sheikh and his wife, Malama Zeenatudeen Ibraheem are standing trial for alleged aiding and abetting of sundry offences including culpable homicide punishable by death.
Sheikh Zakzaky and his wife have been in DSS custody for over three years now following a brutal attack at their residence by soldiers of the Nigerian Army, which resulted in the extra-judicial killing of over a thousand members of the movement, including three sons of the Sheikh.
His detention is in defiance of a two-year court judgement of an Abuja Federal High Court that ruled that the detention of the Sheikh and his wife severely violates their fundamental rights, is unconstitutional and therefore must be released unconditionally.
The case has been adjourned to 25th March 2019.
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