Ade Adesomoju, Abuja The Attorney General of the Federation and Minister of Justice, Mr., Abubakar Malami (SAN), and other respondents, shunned the Monday’s proceedings in a suit filed by the leader of the Islamic Movement in Nigeria, also known as the Shi’ite sect, Sheikh Ibraheem Zakzaky, seeking his release from the custody of the Department
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Ade Adesomoju, Abuja
The Attorney General of the Federation and Minister of Justice, Mr., Abubakar Malami (SAN), and other respondents, shunned the Monday’s proceedings in a suit filed by the leader of the Islamic Movement in Nigeria, also known as the Shi’ite sect, Sheikh Ibraheem Zakzaky, seeking his release from the custody of the Department of State Service.
The detainee, through his lawyer, Mr. Femi Falana (SAN), filed the fundamental human rights enforcement suit which is numbered FHC/ABJ/CS/247/16, demanding N3bn as general damages for his alleged wrongful detention.
He alleged that his rights have been violated having been in detention since December 14, 2015 without being charged to court.
Joined as respondents to the suit are the Nigerian Army, the Chief of Army Staff, Maj.-Gen. Tukur Buratai; the Director General State Security Services, Lawal Daura; the Inspector General of Police, Mr. Solomon Arase; and the Attorney General of the Federation, Mr. Abubakar Malami.
When the case was called on Monday, none of the respondents was represented by their respective lawyers.
Falana, who represented the plaintiff, told the court that the respondents had been served with the court processes with respect to the suit on May 3 and 5 and that they had also been served the hearing notices for the day’s proceedings.
Justice Gabriel Kolawole, who noted that the case was for mention, adjourned the case till June 14.
In the suit the sect leader, sought “A declaration that shooting of the applicant by armed soldiers who are members of the 1st respondent on Sunday, December 14, 2015 at his residence is illegal and unconstitutional.
“A declaration that the cruel, inhuman and degrading treatment meted to the applicant by armed soldiers who are members of the 1st respondent is a fragrant violation of his fundamental right to dignity of human person as guaranteed by the constitution.
“A declaration that the extra judicial killing of the applicants three children namely: Hameed Ibrahim (18), Ali Haidar Ibraheem (16), and Humaid Ibraheem (14) by armed soldiers who are agents of the 1st respondent at his residence in Gyallesu, the Hussainiya Baqiyyatulah and several other members of the IMN as on 14, 2015 is illegal and unconstitutional as it violates the fundamental right of the deceased to life.
“A declaration that the arrest of the applicant without warrant in his house at Zaria by armed soldiers who are agents of the 1st respondent on 14, December, 2015 is a fragrant violation of his fundamental rights to privacy and private property.
“A declaration that the detention of the applicant at Kaduna and Abuja by the 2nd and 3rd respondents without access to members of his family and the IMN since December 14th 2015 till date is illegal and unconstitutional.
“A declaration that the continued detention of the applicant from the 14th day of December 2015 till date without charging him to court of law is illegal and unconstitutional as it violate his fundamental right to fair hearing as enshrined in the constitution.”
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