Updates from the Court hearing of Sheikh El-Zakzaky

Updates from the Court hearing of Sheikh El-Zakzaky

July 29, 2019

[Updated 11.25] Information from the hearing, as it comes in. Arguments have closed (scroll down for latest)

From source: It could be recalled that the lawyers called for the adjournment of the sitting to enable them to scrutinize the papers that detail the deteriorating medical condition of the sheikh.

It is expected the court will listen to their conclusion.

As of now, the judge and lawyers from both sides are in attendance.

The legal team of Sheikh Zakzaky headed by Femi Falana revealed that the sitting aims to entertain a motion seeking a legal permission to travel abroad for medical attention.

He stated that they presented their application and attached with it a medical report, saying they also replied to the questions filed by the government’s counsels.

He said they are pleading with the government to grant them their request because the persons they are representing could die if urgent steps are not taken. He also said that even the lawyers representing the government have not disputed their application.

Falana added that some of the doctors who examined the sheikh and his wife were foreigners assisted by the Nigerian doctors. He said Bayero Dari, did not challenge his submission. He also disputed Mr Dari’s claim that his ailments could be handled here in Nigeria, saying there is not a single hospital all over Nigeria that could fully treat them.

According to him, he once asked the DSS to allow him access to medical attention abroad to treat his badly wounded eye but they refused until he lost the eye. Now he risks losing the remaining eye. So, the claim by the government’s lawyer, Bayero Dari makes no sense at all. He even challenged him to point the hospital where the Sheikh could be treated.

He said that the life of the second person being accused is a…
Falana added that it is necessary to medically look after the accused no matter the gravity of what they are being accused of. He said they must jetted out to New Delhi where competent doctors abound unlike Nigeria where doctors lack state-of-the-art equipment.

Mr Falana made mention of a case between Gani and Abacha when he was being detained in Bauchi. He, Falana, was being incarcerated in Jigawa. He said even during the junta era, the court granted him a permission for his doctors to examine him. He alluded to one detainee in the notorious Ikoyi prison who sought for bail but was denied. But he was allowed to travel to India on medical grounds, alas! It was too late to save him. He therefore pleads with the government to release him before it is too late. He warned the death of the sheikh under the custody of the security forces could be a disaster to Nigeria.

Mr Falana went on to say that the lawyers representing the government have not presented any evidence to counter his his assertion. They are just beating about the bush because they are against his freedom. They want him to be treated in Nigeria but professor Bwala did not say there is any hospital that is capable of treating them in Nigeria. Therefore, he said the lawyers lack any reason to stop them from seeking medical treatment abroad.

He also allayed the fear that the accused would not return to Nigeria if they were let out of the country, saying this can be prevented by the judge simply by attaching conditions to his bail.

Finally, he begged the court to look at their deteriorating health condition and grant them their permission for medical treatment abroad. He rounded up his arguments.

Government arguments
A government-led counsel, Bayero Dari has disclosed that the report is contrary to section 174 of the criminal law in Nigeria. The report was built based on the one presented in April which was penned by the Islamic Human Right and it is the one that suggested the hospital they should be taken. He also said the consequent arguments center on the Islamic Human Right Council’s finding. Therefore, it is contrary to section 174 of the criminal law in Nigeria

A hot discussion between Dari And Falana as Dari is insisting that they are holding sheikh for protective custody meanwhile Barrister falana said that he should reject his claim for federal high Court has already ruled for that which Barrister Dari rejected without any hesitation

Bayero Dari has revealed that the government is afraid that if the accused were allowed to travel out of the country, they would never come back. He also said that Dr Ramatu is a medical doctor at Barau Dikko Teaching Hospital, and in the same vein a doctor to the accused. This disqualifies her from becoming a witness to the accused because he cannot be a doctor to the both.

Bayero Dari has revealed that the government is afraid that if the accused were allowed to travel out of the country, they would never come back. He also said that Dr Ramatu is a medical doctor at Barau Dikko Teaching Hospital, and in the same vein a doctor to the accused. This disqualifies her from becoming a witness to the accused because he cannot be a doctor to the both.

Bayero Dari also revealed that they have standard hospitals in Nigeria that can treat the accused, saying even the accused have been enjoying the hospitals since 2015. He said they have Eye Center and Barau Dikko Teaching Hospital. They once refered him to Lagos and Abuja for medical treatment. He finally pleaded with the court not to grant them a permission to travel abroad. He closed his arguments.