The Kaduna State High Court has fixed Tuesday 29th September 2020, for judgement on the motion put forward by the leader of the Islamic Movement in Nigeria (IMN), Sheikh Ibraheem El-Zakzaky.
Following the government’s failure to provide evidence, El-Zakzaky asked the court to dismiss the case against him and his wife, Zeenat.
During the sitting on Friday, August 7, 2020, El-Zakzaky’s counsel had defended the motion while the government’s counsel countered the motion.
According to Sheik Zakzaky’s Lead Counsel, Femi Falana SAN, the court should dismiss the charges against his clients because they are devoid of any merit and will not stand before any court of law.
Falana further said that the charges are also abuse of court process, adding that the Sheikh was charged with abetting the commission of various offences, but those charged with committing those offences have been discharged and acquitted by the Kaduna State High Court, hence the case cannot stand.
The case was adjourned to September 29, which is a bit far, because of the annual leave of Judges set to commence next week.
The Presiding Judge, Justice Gideon Kurada adjourned for ruling, after counsel to the defendant, Abubakar Marshall, who held briefs for Femi Falana, had asked the court to dismiss the charges against El-Zakzaky by the government for not “disclosing an offence known to law contrary to Section 36 (8) and (12) of the 1999 constitution as amended”.
El-Zakzaky and his wife are being tried on allegations of culpable homicide, unlawful assembly and disruption of public peace, among other charges.
Speaking to reporters after the adjournment, Marshall said he “prayed the Court to dismiss the charges because they are devoid of any merit and will not stand before any court of law.’’
He added that other defendants in the case, the third and fourth, had been discharged and acquitted by another High Court in Kaduna State.