By Amos Tauna
The N2bn suit filed at Federal High Court sitting in Kaduna, northwest Nigeria by El Zakzaky against Nigerian Army, Chief of Army Staff and three others which came up on Thursday for hearing has been adjourned to 30th June.
The leader of the Islamic Movement in Nigeria, Sheikh Ibraheem El-Zakzaky in the suit is alleged of abuse of his human right, destruction of his house in Zaria and the murder of his three children.
The case was adjourned at the instance of the defence Counsel’s inability to identify and argue the motion he had filed, alleging abuse of court process in the Zakzaky’s suit .
The counsel to the Nigerian Army and the Chief of Army staff who are the first and the second defendants respectively in the suit N2Billion as damages over the killing of El Zakzaky’s three children and destruction of his house, Hussein Oyebanji pointedly told the presiding Judge, Justice Saleh Shuaibu that he was not familiar with the case.
Barrister Hussein Oyebanji stood in for the lead Defence Counsel, Biola Oyebanji who was not in court.
At the resumed hearing on Thursday in Kaduna, counsel to Elzakzaky, Femi Falana, SAN moved an application for the regularisation of the processes that he had filed out of time.
But when counsel to the Nigerian Army and the Chief of Army staff Staff was invited by the presiding judge to identify and argue the motion of objection earlier filed, Barrister Hussein Oyebanji told the judge that he was not conversant with the case.
When asked by the Judge whether he can conduct the case, Oyebanji pleaded for adjournment to allow his principal, the lead counsel appear in court to argue the case.
The Judge however adjourned the case to the 30th June to enable the defence identify and argue his motion.
Speaking after the adjournment, Femi Falana SAN cautioned against footdragging in the case.
According to him, “We cannot challenge a violation of human right that occur in a particular state outside that state, because the destruction took place in Kaduna and it shall be determined in the state where the violation of human right took place.”
He said since the government has pledged to operate within the confines of the rule of law, the government must uphold order of a competent court, arguing that it is Zakzaky today, it might be another person from government official tomorrow.
His words: “This government has pledged to operate under the rule of law, so for that reason, by the virtue of section 387 of the constitution, all authorities and person are bind by judgement. So, a government that goes to court everyday to ask for justice can not go there to justify disobedience to court order, this is babaric and primitive. So, we are not going to allow that.”
It would be recalled that an Abuja Division of the Federal High Court had on 2nd December, 2016 ordered the release of the leader of the Islamic Movement in Nigeria, Sheikh Ibrahim El-Zakzaky.
