The Federal Government has been dragged to Abuja Federal High Court by Leader of the Shi’ite Islamic Movement of Nigeria, Ibrahim Elzakzaky, on Monday over his continued detention by the Nigerian military.
El-Zakzky who has been in detention for the past five months is claiming that his continued incarceration is an abuse of his fundamental rights to fair hearing, as well as the right to personal liberty.
In a motion filed by his lawyer, Femi Falana, SAN, before Justice Gabriel Kolawole, the Shi’ite leader is asking the court to enforce his fundamental human rights.
Earlier the Nigerian Army had in December 2015, arrested Elzakzachy after a clash between his followers and the army.
The ground on which El Zazaky seeks the enforcement of his human right include;
“That the arrest and detention of the defendant since December 14th, 2015 is unconstitutional and a violation of his rights to personal liberty, as enshrined in section 35 of the constitution.
That the arrest and detention of the defendant since December 14th, 2015, without araigning him before any court of law is unconstitutional and a violation of section 36 of the constitution.
That the detention of the defendant by the respondent since December 14, 2015 without access to his medical doctors is in violation of his fundamental rights to health and association, as enshrined in article 16 of the African Charter of Human and Peoples Rights”.
The Shi’ite leader also encouraged the court to declare his detention since December 14, 2015, without access to his family as unconstitutional and a violation of his rights to freedom of association as stated by the constitution.
Following Falana’s submission, Justice Kolawole adjourned the matter till June 14 for further hearing.
