A Federal High Court, sitting in Kaduna State, on Thursday, adjourned the case between Sheikh Ibrahim El-Zakzaky, the Nigerian Army, and two others to June 30, for hearing.
This followed the application filed on the April1, 2017 by the principal counsel to El-zakzaky, Mr. Femi Falana (SAN).
The leader of the Islamic movement was arrested in December 2016 shortly after a bloody clash between his followers and men of Nigerian Army, in Zaria, that left several dead.
Justice Saleh Musa Shuaibu, who presided over the matter, adjourned the case at the instance of the both counsels to the defendant and applicant. He also noted that since the substantive counsel to the Nigerian Army and Chief of Army Staff could not make it to the court while his representative, Hussien Oyebanji, showed ignorance to the case he came to defend.
An Abuja Division of the Federal High court had, in December 2016, ordered the release of the leader of El-Zakzaky, but the Federal Government is yet to comply to that court order.
Principal Counsel to the Islamic group, Mr. Femi Falana, during cross examination cautioned that, the case should not be foot-dragged, hence, it may lead to its transfer out of the state where the unlawful incident occurred.
According to him, “We cannot challenge a violation of human right that occur in a particular state outside that state because, the destruction took place in Kaduna and it shall be determined in the state where the violation of human right took place”.
Fielding questions from journalists shortly after the session Falana added that, since government has pledged to operate within the confine of rule of law, it must uphold order of a competent court arguing that, it is Zakzaki today, it might be another person from government official tomorrow.
To Falana, “this government has pledged to operate under the rule of law, so for that reason, by the virtue of section 387 of the constitution, all authorities and person are bind by judgement.
“So a government that goes to court everyday to ask for justice can not go there to justify disobedience to court order. This is barbaric and primitive. so we are not going to allow that.
“It is El-Zakzaky today, it maybe anybody’s turn tomorrow and that is why that order and several others must be obeyed by court. like the late Lord Denynwould say,’no matter how high you are, the law is higher than you”, Falana added.