AbdulGafar Alabelewe, Kaduna
Members of the Islamic Movement, under the leadership of embattled Sheikh Ibraheem Zakzaky have called on the federal and state governments to free their members currently in Nigerian Correctional Centres.
They claimed that they secured an important victory over the matter , when on the 24th July, 2020, the Kaduna State High Court of Justice presided over by Her Lordship, Hon. Justice M.L. Mohammed discharged 12 members who were alleged to have committed Criminal offences of Criminal Conspiracy, Unlawful Society, Unlawful Assembly, being members of Unlawful society.
“The arrests and subsequent charges followed a declaration by the Kaduna state Governor Nasiru Elrufai that the Islamic Movement in Nigeria is proscribed as an unlawful society in October, 2016. Even though he had no legal Authority to do so,” they said.
According to Usman Mohammed who spoke to journalists in Kaduna on Wednesday,” the Movement not being a formally structured registered organization, but rather a religious movement, does not fall in the category of society as wrongly described by the state Governor to satisfy some whims and caprices contrary to the interest of the state.”
“The Honourable court upon finding merit in the No case submission argued by their Learned counsel M.B. Yusuf Esq. has on a well-considered ruling held thus; “On the whole and from all the evidence adduced before this court in this case, this court finds and so hold that prosecution has not established a prima facie case of belonging to an unlawful society, unlawful assembly, being members of unlawful society and disturbing public peace against the defendants to warrant calling upon them to enter their defence.”
The court therefore, declared that “No-Case-Submission made on behalf of the defendants is hereby upheld and the defendants are hereby discharged and acquitted accordingly,” he said.
He recalled that the defendants were arraigned on a four count charge of offences punishable under Sections 97, 97B, 104 and 114 of the Penal Code in suit No. KDH/KAD/113C/2016 and the prosecution presented nine (9) witnesses and various exhibits were tendered.
“The defendants’ learned counsel upon the close of the prosecution case sought the leave of the court to file a written address on a no case submission upon which the court discharged and acquitted the defendants,” he said.
