A Federal High Court in Kaduna on Thursday struck out a Human Rights violation suit filed against the Nigerian Army by the leader of the Islamic Movement of Nigeria, Sheikh Ibraheem El-Zakzaky.
The applicant in the suit and leader of the Shiites, Sheikh Ibraheem El-Zakzaky had dragged the Nigerian Army, Chief of Army Staff, Lt. General Yusuf Buratai, Attorney General of the Federation (AGF) and the Kaduna State Government before the Federal High court in Kaduna.
They were charged over alleged Killings of the children of El-Zakzaky; and destruction of his house during a Zaria clash in December 2015.
Recall that the Federal High Court in Abuja, under Justice Gabriel Kolawole had earlier delivered judgment on the infringement of the fundamental rights and unlawful detention of El-Zakzaky and his wife, ordering for their release within 45 days. The court had asked for the provision of befitting accommodation and the payment of damages to the tune of 50 million Naira to them.
However, delivering a 45 minutes judgment, Justice Salah Musa Shuaibu pointed out that where there is an abuse of court proceeding, the striking out of the case is necessary.
He therefore urged legal practitioners to stop the practice of filling same cases in different courts to avoid undesirable consequences of the courts decision’s, arguing further that “the court cannot review the judgement of the Federal High Court sitting in Abuja as it did not have the jurisdiction to do so.”
But counsel to El Zakzaky, Festus Okoye. disagrees with the judgement, stating that the relief sought at the Federal High Court in Kaduna is different from the one filed at the Abuja High Court presided over by Justice Gabriel Kolawole.