On Monday, 5th August 2019, the Kaduna State High Court granted an application for medical leave filed by Mr. El-Zakzaky and his wife, Mrs. Zeenah Ibrahim.
In granting the medical leave filed by El-zakzaky, the court specifically held that the Defendants are granted “leave to travel out of Nigeria for urgent medical treatment at Medanta Hospital, India, under strict supervision of the Respondent and to return to Nigeria (for continuation of trial) as soon as they are discharged from the hospital”.
In compliance with the court ruling, the Kaduna State Government has filed at the Kaduna High Court terms for strict supervision of El-Zakzaky and wife’s medical leave, as follows:
- The Ministry of Foreign Affairs of the Federal Republic of Nigeria shall confirm the appointments of the defendants/applicants with the Medanta Hospital, India, and undertake all necessary diplomatic arrangements and protocols to ensure compliance with the conditions of the medical leave.
- Each of the defendants/applicants shall undertake to return to Nigeria to continue their trial as soon as they are discharged from the hospital, and shall also be responsible for the cost of their travel, treatment and living expenses while on their medical leave.
- Each of the defendants/applicants shall produce two prominent and reliable persons as sureties, one being a first class chief/emir of national repute and the other a prominent person within Kaduna State who shall undertake to produce the defendants whenever they are needed. The sureties must also produce evidence of landed property within Kaduna State.
- The Federal Government of Nigeria shall obtain from the Government of India an irrevocable guarantee that it will not entertain any application by the defendants/applicants or any third party seeking asylum under any guise or conferring the status of political prisoners or any other status aside from being medical patients on the defendants/applicants and shall also restrain the defendants/applicants from any act inimical to the corporate existence of Nigeria.
- Each of the defendants/applicants shall undertake in writing, endorsed by their Counsel, that while on medical treatment in India, they shall do nothing to jeopardize the ongoing trial, the peace and security of Nigeria and the laws of the Republic of India in whatever form.
- Security agents of the Federal Government of Nigeria shall escort the defendants/applicants and remain with them throughout the duration of their treatment in India and thereafter shall return with them after their discharge from the hospital.
- The Nigerian High Commission in India shall undertake prior vetting and grant consent before any visitor has access to the defendants/applicants while in the Republic of India.
The above is contained in a statement issues on Wednesday by the Kaduna State Commissioner for Internal Security and Home Affairs, Mr. Samuel Aruwan.
It would be recalled that El-Zakzaky as the leader of the Islamic Movement in Nigeria (IMN) and his wife, Zeenah were arrested sometime in December 2015 following a clash between the Nigerian Army and the IMN. The clashes began when IMN blocked a public highway and refused to lift the blockade to enable passage by the convoy of the Chief of Army Staff. The clashes resulted in the loss of lives and the destruction of property.
On 19th April 2018, the Kaduna State Government filed an eight-count charge against Malam Ibrahim El-Zakzaky, Mallama Zeenah Ibrahim, Yakubu Yahaya Katsina and Sanusi Abdulkadir Koki for the offenses of: Criminal Conspiracy, Culpable Homicide punishable with death, Unlawful Assembly, Wrongful restraint, Disturbance of public peace, Voluntarily causing grievous hurt, Inciting disturbance and Breach of Public Peace.
The eight-count charge in The State versus El-Zakzaky (KDH/KAD/60c/2018) were filed under Sections 59,47, 66, 77, 73, 222 and 78 of the Penal Code Law of Kaduna State.