In the
checkered history of Nigeria, this is the first time that a democratically
elected government has openly justified the detention of any citizen in
defiance of a valid and subsisting order of a competent court of law.
In a reckless
demonstration of official impunity Mr. Garba Shehu, the Senior Special
Assistant to President Mohammadu Buhari on Media and Publicity purportedly
issued
a statement yesterday on behalf of the Presidency to justify the illegal
detention of Sheikh Ibraheem Elzakzaky and his wife, Hajia Ibraheema Elzakzaky.
In the incendiary statement Mr. Shehu claimed that the valid and subsisting
order of the federal high court made on December 2, 2016 would not be obeyed by
the federal government on the dubious ground that the Sheikh is in
"protective custody" while the justification for holding the wife is
that she is taking good care of her husband in the illegal custody. According
to Mr. Shehu, "ElZakzaky is held for his own good. If you set him free,
what do you think will happen on the streets? He is not in a typical prison
condition. He has the company of his wife and children. They can leave if they
want. There is overall public good weighing against his release."
In the checkered history of Nigeria, this is
the first time that a democratically elected government has openly justified
the detention of any citizen in defiance of a valid and subsisting order of a
competent court of law. Even under the
neo-tarzanist Buhari/Idiagbon military junta, court orders which directed that
victims of the obnoxious Detention of
Persons Decree No 2 of 1984 be released from illegal custody were complied
with. But under a democratic government, Mr. Shehu wants Nigerians to believe
that the Elzakzakys are held in "protective custody" after the
federal high court had declared such detention illegal and unconstitutional. Or
has Mr. Shehu suddenly become so power
drunk to the extent that he can conveniently
set aside the judgment of the federal high court?
Saharareporters reported that Before now, the "Presidency" had
claimed that the couple could not be released on the nebulous ground that they
constituted a threat to national security. When reminded that the federal high
court had dismissed such unsubstantiated allegation Mr. Shehu turned round to
say that "ElZakzaky is held for his own good." Is Mr. Shehu not aware
that Elzakzaky has lost one of his eyes in the dungeon of the State Security
Service and may lose the other one due to denial of urgent medical treatment?
Why has his request to travel abroad for medical attention at his own expense
been refused by the federal government?
Since
neither President Mohammadu Buhari nor Acting President Yemi Osinbajo could
have authorized the contemptuous statement issued on behalf of the Presidency
Mr. Shehu Garba should be called to order and restrained from further exposing
the Federal Republic of Nigeria to ridicule before the comity of civilized
nations. However, since the federal government continues to proclaim loudly
that it operates under the rule of law it cannot be permitted to treat court orders with disdain. To that
extent, Elzakzaky and his wife must be released from the illegal custody of the
State Security Service since the federal high court has dismissed the official claim that they are held in "protective
custody."
In the same
statement, Mr. Shehu said that the federal government would not release Colonel
Sambo Dasuki (retd) from detention because there are several cases against him
that he must answer to. But why has the same government that charged Col Dasuki
with criminal diversion of public funds and treasonable felony frustrated his
trial by refusing to take him to court?
The reason adduced for detaining Col Dasuki is highly contemptuous as the three
Nigerian courts trying him have admitted him to bail. Furthermore, the Court of
Justice of the Community Court of Justice (Ecowas) has directed the federal government to comply
with the orders of its national courts
which have admitted him to bail. Since no higher court has quashed the
bail of the former NSA the arrogant statement of Mr.Shehu on the matter is the
height of official impunity in a democratic society.
In the light
of the foregoing, i hereby reiterate the call for the immediate and
unconditional release of the Elzakzaky from illegal custody in strict compliance
with the judgment of the federal high court. At the same time, Col Dasuki
should be released on bail and be allowed to stand his trial in the federal
high court and the high court of the federal capital territory. A government
which is desirous to secure conviction
of persons charged with criminal offences cannot treat the orders of the
same court with disdain and impunity.
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