Kaduna State High Court of Justice, has fixed Tuesday 29th September, 2020 for judgement on the motion put forward by leader of the Islamic Movement in Nigeria, IMN, Sheikh Ibraheem Zakzaky.
Zakzaky had asked the court for the dismissal of the case against him and his wife by the government over failure to produce evidence against them.
This is coming after the counsel to Sheikh Zakzaky defended their motion while the government’s counsel made a counter motion when the court sat on Friday, August 7, 2020.
Sheikh Zakzaky’s Lead Counsel, Femi Falana SAN wanted the court to dismiss the charges against his clients because they are devoid of any merit and will not stand before any court of law. Adding that, the charges are also abuse of court process.
He said that the Sheikh was charged with abetting commission of various offences, but those charged with committing those offences have been discharged and acquitted by the Kaduna State High Court. As such abetment can not stand.
Though the followers of the Sheikh were not comfortable with the date fixed for the judgment, but reporters were made to understand that it was due to the annual leave of Judges commencing 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 quash 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”.
Dari Bayero, the prosecution counsel, had earlier adopted his final arguments on the matter.
The IMN leader and his wife Zeenat are standing trial on allegations of culpable homicide, unlawful assembly, and disruption of public peace, among other charges.
Marshall who spoke to journalists shortly after the adjournment said he prayed the court to dismiss the case for lack of evidence, devoid of any merit, and could not stand before any court of law.
“We prayed the Court to dismiss the charges because they are devoid of any merit and will not stand before any court of law,’’ Marshall said.
He said the third and fourth defendants in the case also charged with committing the offence had been discharged and acquitted by another Kaduna State High Court.
Source: The Nation