The Department of State Service (DSS) has said that the leader of the Islamic Movement of Nigeria (IMN), Ibrahim El-Zakzaky is being detained at his own will.
Tijjani Gazali, counsel to the DSS in a chat with journalists on the sideline of the fundamental suit instituted by the Islamic leader, said the Shiite leader is being held at his own will and for his benefit.
“He needs not give his consent but the point is he remains vulnerable and is under protective custody and the job of the DSS is to protect every Nigerian,” Gazali said.
But in his defence, El-Zakzaky’s counsel, Festus Okoye said he is yet to get such order from his client, accusing the DSS of breaching the fundamental human rights of his client.
“They told us that he is being held at his own will but we are yet to hear that from him. So until we consult him and he says that then we can confirm it,” Okoye said.
The hearing on the matter for enforcement of his fundamental human rights was however stalled following fresh issues raised in a counter affidavit by the Federal Government (FG).
The FG had asked the court to allow it an extension of time in order to file a counter affidavit and written address on the motion on notice filed by the applicants – El-Zakzaky and his wife, Zainab.
The applicant also requested for an adjournment to allow them respond to the new dimension in the proposed counter affidavit.
However, having no objection from the applicant on the extension of time, the trial judge, Justice Gabriel Kolawole ordered the applicants to respond to the counter affidavit within five days.
The matter was adjourned to July 13, 2016 for hearing of the applicants’ suit.
El-Zakzaky has remained under custody since the December 12, 2015 clash between his group and convoy of the chief of army staff, Tukur Buratai.
The IMN leader and his wife filed a suit against the attorney general of the federation, Nigerian police, the DSS and the army instigating an infringement on his human right.
The Shiite leader is seeking an order, mandating the respondents to jointly pay the applicant N2billion as general and aggravated damages for the illegal violation of his rights.
The application also sought an immediate and unconditional release of the applicant by the first and second respondents.
