Falana calls for Elzakzaky’s release

FEMI Falana, a Senior Advocate of Nigeria (SAN), on Wednesday
made a fresh case for the release of Sheik Ibraheem Elzakzaky and
wife Hajia Zainab Elzakzaky on health grounds.

Falana in a letter to President Muhammadu Buhari titled
“Fresh request for the release of Sheik Ibraheem Elzakzaky
and Hajia Zainab Elzakzaky, said Elzakzaky who already lost his
left eye is again on the verge of losing the right eye while the
case of the wife is said to be far worse than that of her
husband.

“Sheik Elzakzaky already lost his left eye and he is on the
verge of losing the right eye sequel to the brutal treatment meted
out to him by the armed soldiers the State Security Service has
denied him foreign medical treatment recommended by the local
specialists who had attended to him. Even the alternative
arrangement put in place by the family of the Sheik to bring eye
specialists from abroad to treat him in custody has equally been
rejected without any legal justification.

”It may interest Your Excellency to know that the medical
condition of Mrs Zainab Elzakzaky is by far worse than that of her
husband. For reasons best known to the State Security Service, some
of the bullets lodged in her body during the brutal attack of
December 14, 2015, have not been extracted up till now. In the
circumstances, she has been subjected to excruciating pain and
agony, on a daily basis. Her life which is currently in danger may
be saved and prolonged if she is allowed to receive adequate
medical attention without any further delay.”Falana said.

He said he was moved to urge President Buhari to consider
ordering the release of the couple on health grounds since the
federal government is not prepared to direct the State Security
Service (SSS), to comply with the orders of the Federal High
Court.

In making the request, Falana drew the attention of President
Buhari to the fact that “the Judicial Commission of Enquiry which
was set up by the Kaduna State government to investigate the remote
and immediate causes of the violent attack unleashed on the Shiites
in December 2015 did not recommend the indefinite incarceration or
prosecution of Sheik Elzakzaky and his wife for any criminal
offence whatsoever.

“Therefore, they should be allowed to regain their fundamental
right to personal liberty guaranteed by Section 35 of the
Constitution and Article 6 of the African Charter on Human and
People Rights (Ratification and Enforcement) Act (CAP A10) Laws of
the Federation of Nigeria, 2004”, he contended.

Falana recalled that the Abuja Judicial Division of the Federal
High Court, had on December 2, 2016, ordered the release of Sheik
Ibraheem Elzakzaky and his wife, Hajia Zainab Elzakzaky from the
illegal custody of the State Security Service.

“The court also awarded them reparation of N50 million and
directed the Federal Government to provide a temporary
accommodation for the couple since it was established that the
Nigerian Army and the Kaduna State government had burnt and
demolished their private residence located at Zaria in Kaduna
State.

“As the federal government is required to be humane and refrain
from subjecting citizens to torture or to inhuman or degrading
treatment, we urge Your Excellency to terminate forthwith the
physical and mental agony that has been inflicted on our clients by
releasing them from illegal custody and allowing them to travel
abroad for urgent medical attention,” he argued.

FEMI Falana, a Senior Advocate of Nigeria (SAN), on Wednesday
made a fresh case for the release of Sheik Ibraheem Elzakzaky and
wife Hajia Zainab Elzakzaky on health grounds.

Falana in a letter to President Muhammadu Buhari titled
“Fresh request for the release of Sheik Ibraheem Elzakzaky
and Hajia Zainab Elzakzaky, said Elzakzaky who already lost his
left eye is again on the verge of losing the right eye while the
case of the wife is said to be far worse than that of her
husband.

“Sheik Elzakzaky already lost his left eye and he is on the
verge of losing the right eye sequel to the brutal treatment meted
out to him by the armed soldiers the State Security Service has
denied him foreign medical treatment recommended by the local
specialists who had attended to him. Even the alternative
arrangement put in place by the family of the Sheik to bring eye
specialists from abroad to treat him in custody has equally been
rejected without any legal justification.

”It may interest Your Excellency to know that the medical
condition of Mrs Zainab Elzakzaky is by far worse than that of her
husband. For reasons best known to the State Security Service, some
of the bullets lodged in her body during the brutal attack of
December 14, 2015, have not been extracted up till now. In the
circumstances, she has been subjected to excruciating pain and
agony, on a daily basis. Her life which is currently in danger may
be saved and prolonged if she is allowed to receive adequate
medical attention without any further delay.”Falana said.

He said he was moved to urge President Buhari to consider
ordering the release of the couple on health grounds since the
federal government is not prepared to direct the State Security
Service (SSS), to comply with the orders of the Federal High
Court.

In making the request, Falana drew the attention of President
Buhari to the fact that “the Judicial Commission of Enquiry which
was set up by the Kaduna State government to investigate the remote
and immediate causes of the violent attack unleashed on the Shiites
in December 2015 did not recommend the indefinite incarceration or
prosecution of Sheik Elzakzaky and his wife for any criminal
offence whatsoever.

“Therefore, they should be allowed to regain their fundamental
right to personal liberty guaranteed by Section 35 of the
Constitution and Article 6 of the African Charter on Human and
People Rights (Ratification and Enforcement) Act (CAP A10) Laws of
the Federation of Nigeria, 2004”, he contended.

Falana recalled that the Abuja Judicial Division of the Federal
High Court, had on December 2, 2016, ordered the release of Sheik
Ibraheem Elzakzaky and his wife, Hajia Zainab Elzakzaky from the
illegal custody of the State Security Service.

“The court also awarded them reparation of N50 million and
directed the Federal Government to provide a temporary
accommodation for the couple since it was established that the
Nigerian Army and the Kaduna State government had burnt and
demolished their private residence located at Zaria in Kaduna
State.

“As the federal government is required to be humane and refrain
from subjecting citizens to torture or to inhuman or degrading
treatment, we urge Your Excellency to terminate forthwith the
physical and mental agony that has been inflicted on our clients by
releasing them from illegal custody and allowing them to travel
abroad for urgent medical attention,” he argued.