El-Zakzaky can escape to Iran if he is allowed to travel – Kaduna government.
Kaduna state government issued new conditions El-Zakzaky and his wife must meet before travelling to India for treatment.
Malam Ibrahim El-Zakzaky is facing criminal trial before the Kaduna High Court on charges filed in April 2018.
The government is prosecuting Malam Ibrahim El-Zakzaky on an eight-count charge, including culpable homicide punishable by death.
He and his wife are the first and second defendants in The State versus Malam Ibrahim El-Zakzaky and Another (charge no. KDH/KAD/60c/2018), and his plea was taken on August 2, 2018.
His application for bail was refused on October 4, 2018, and he has since remained in the lawful custody of the state, and not in unlawful detention as being wrongly disseminated.
On Monday, August 5, 2019, Kaduna High Court granted an application for medical leave filed by Mr. El-Zakzaky and his wife, Mrs. Zeenah Ibrahim.
The court specifically said it was granting the two defendants ‘leave to travel out of Nigeria for urgent medical treatment at Medanta Hospital, India, under strict supervision of the respondent and to return to Nigeria (for continuation of trial) as soon as they are discharged from the hospital.’
El-Zakzaky can escape to Iran if he is allowed to travel – Kaduna government
Kaduna State government respects the right of anyone to seek treatment anywhere in the world, even for malaria or common cold, so long as they are paying for it.
But in the case of persons facing trial for serious offences, necessary safeguards are required to ensure that such persons do not become fugitives from justice or frustrate trial by claiming asylum or the status of political prisoner in the host country.
El-Zakzaky can escape: Meanwhile, the Lawyer of the leader of Islamic movement in Nigeria, Femi Falana reacted to the new condition, he said Kaduna government should appeal the court ruling instead of setting out new condition
I thought that the Kaduna State government had planned to appeal against the order of the Honourable Darius Khobo granting leave to the El-Zakzakys to travel to India for urgent medical treatment under the supervision of the government.
I hope that the plan to pursue an appeal in the case has been shelved as the Court of Appeal has ruled that you cannot stay the execution of orders of this nature.
That remains the position of the law as espoused in the case of Mowarin vs Nigerian Army, which was decided under a military dictatorship in the country.
“The so-called agreement is totally alien to the penal code and the administration of criminal justice law of Kaduna State.
Hence, the agreement is not brought under any substantive or adjectival law.
My colleagues in the Ministry of Justice are not unaware of the position of the law that an agreement cannot vary or modify the order of a competent court.
It is unfortunate that some highly placed public officers are so hell bent on abrogating the fundamental rights which have been fought for and won by Nigerians, even under the British colonial regime.
“For instance, the Prison Ordinance was amended in 1917 to allow the family members or friends of prison inmates to remove them from prison and take them out for medical treatment, if the prison facilities could not cater for any terminal illness.
That provision has been incorporated in Regulation 12 made pursuant to the Prisons Act.
“In this instant case, the court did not release the El-Zakzakys to their family members but that they should be treated in a foreign hospital under the supervision of the government.
“Since the Department of Service Services (DSS), which has the custody of the El-Zakzakys, has announced on behalf of the Federal Government that the court order would be obeyed, the so-called terms of “agreements” of the Kaduna State government should be ignored because it is the height of provocative contempt.
It takes two to tango. A party in a case cannot dream of some weird ideas, parade them as an agreement and impose same on a court and the other parties.