The Federal
High Court sitting in Kaduna has stuck out a suit between the leaders of the
Islamic Movement in Nigeria (IMN), Shiekh Ibrahim El-Zakzaky, his wife Zeenat
and the Nigerian Army and three others over what the court described as 'abuse
of court processes'.
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 Federal 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 in Zaria clash in December 2015.
It will be recalled 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, while he ordered for their release within 45 days,
provision of befitting accommodation and the payment of damages to the tune of
50 million Naira to them.
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 urged
legal practitioners to stop the practice of filling same cases in different
courts to avoid undesirable consequences of the courts decision's.
He further
argued 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.
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