According to Prison authorities in Kaduna, the result of a test on Zeenat who has been in detention alongside her husband since 2015 showed she tested negative for COVID-19.

Francis Enobore, national public relations officer for NCoS said the test was conducted in collaboration with Kaduna state government, her personal physician and the Nigeria Centre for Disease Control.

Enobore said “Happily, the test result has been released and the inmate, including her contacts, have no trace of COVID-19 virus.  It is important to state with emphasis that Zeenat El-Zakzaky never contracted COVID-19 infection as was alleged.”

The IMN leader’s brother, Badamasi Ya’akub who spoke at a press conference in Abuja slammed the Department of State Service over its comment of El-Zakzaky and others opting to remain in its custody instead of prison.

He said “Last Friday the 15th of November, another statement was released by a public relations officer of the State Security Service in which justifications were offered for the continued illegal detention of what they referred to as notable Nigerians. With the names of Sheikh Ibraheem El-Zakzaky, Colonel Sambo Dasuki and Omoyele Sowore were specifically mentioned. The claim is that the SSS runs what can be best described as 5 star level of accommodations of international standards, for its illegally detained detainees; at the detainee’s explicit request. Detention centres that are preferable to all forms of correctional centres; designed to host alleged criminals. According to them, these imprisoned individuals have food and water provided by their families. Gymnasium facilities to exercise with and keep in shape. The facilities provide access to people and phones for communication, daily newspapers and television to remain up to date, and pristine and prompt medical facilities to ensure standard healthcare and welfare in accordance with international standards. All these luxuries are of a matter of course at the Service’s expense; which is to say at Nigerian’s expense. This is yet another in a long line of outlandish claims made by the ‘Service’ to justify its documented role as enforcers of law-breaking in the service of this lawless administration, led by President Muhammadu Buhari.”

A top IMN source who confirmed the planned trip also revealed that El-Zakzaky’s family members and close associates have been stopped from visiting by DSS operatives who reportedly seized phones belonging to the Islamic leader and his wife.

The source said: “You know that El-Zakzaky and his wife were immediately taken to Kaduna facility of the DSS immediately they arrived in the country from their medical trip. They collected their phones. Now his people want to visit him, but the security operatives are preventing them from visiting. Till now, nobody is allowed to visit him. And immediately he and the wife left for India, the security operatives moved some of his personal properties from his home in Kaduna. I learnt they are planning to take him out for another medical trip. But the day is not made known yet.”

Ibrahim Musa, president Media Forum of the Islamic Movement in Nigeria said the lie was fabricated to cover government’s “own gross misconduct in a foreign land”.

Read IMN’s full statement below…

Sequel to the Nigerian government’s sinister operation that frustrated the treatment of the revered Sheikh Ibraheem Zakzaky and his wife Malam Zeenat Ibrahim in India that led to the repatriation of the couple, the Nigerian government, in its effort to deceive the general public, has concocted contradictory statements and lies to colour its acts of violating the order given by the Kaduna High court allowing the Sheikh to seek treatment in India, with the government only supervising.

The facts are that the government mischievously went beyond its role of supervision to the level of maliciously interfering in the medical process, instructing on which doctors the Sheikh and his wife must see, while refusing to allow them access to their own doctors. Apparently, the government had a hidden mission, the details of which they had detailed specific doctors to execute.

The Sheikh was forced to either accept their choice or return home within two hours. Being mindful of the government’s various previous plots to eliminate him since 2015, first through the barrels of the gun and much later through poisoning in detention while refusing him access to adequate medical care until the court’s intervention, the Sheikh sensed the government’s intention of inducing killer doctors to finish what they had earlier started, now through the back door.

He therefore insisted on having the presence of the doctors that initially assessed him in Nigeria, who also worked in that hospital, failing which, he preferred to return to Nigeria. He refused to be subjected to any breach in the basic ethical principles guiding the medical treatment of people of respect for persons: protecting the autonomy of all people and treating them with courtesy and respect and allowing for informed consent, which the Nigerian government had contracted medical personnel in the Indian hospital to throw to the wind.

Before efforts at resolving this impasse could be concluded, the Sheikh was brought back to Nigeria, since their evil schemes could not be executed. The government is now churning out contradictory explanations to blame the Sheikh for not allowing himself to be killed in the name of medical treatment. The Nigerian government is also blackmailing the Sheikh that he sought for asylum in India just to cover their own gross misconduct in a foreign land.

The campaign of calumny has been championed by the Federal Ministry of Information, which sarcastically even said they were apologising to India for the Sheikh’s “unruly behaviour” rather than for their own obvious attempted assassination of somebody in another country! Isn’t it rather contradictory that someone allegedly seeking asylum would be unwilling to stay back irrespective of the circumstances but preferring instead to return to his home country.

It is on record that it was the Sheikh who requested to be brought back home having been denied access to his doctors and rejecting the killer squad engaged to “treat” him instead. The government’s claim that Sheikh’s wife antagonized the Nigerian officials by accusing them of killing her three children is yet another spurious search for justification for its maltreatment of the couple. Isn’t it true that it is the government that killed her three sons when its army invaded their residence at night in December 2015?

Wasn’t her husband dragged over the corpses of their murdered children having been shot himself and left swimming in his own pool of blood? Wasn’t she also shot and left lying lifeless in the process? Were they expecting a cheer from her for all these severe gross violation of their fundamental rights, even as judged by a competent federal court? It is rather very shameful and a slap in the face of Nigeria that the government which hitherto claimed it had no hand in the case, now has to resort to lies, calumny and blackmail against a couple whose alleged crimes has never ever been proved in any court of the land.

All the allegations against this couple have always been merely spurious and unproven, and knowing that they could never prove in any court use the might of state power to intimidate and misinform the public. It is noteworthy to state that the government is yet to respond to the confessions by the Saudi Arabian Crown Prince that they sponsored the Zaria genocide and the subsequent continued detention of the Sheikh in Nigeria.

This same fact was earlier alluded to by President Muhammadu Buhari during a state visit to Qatar. The world is watching all the persecution of the Islamic leader with keen interest. The government can never change the narrative.

We wish to thank the general public for their continued understanding and show of support in all these. No amount of feeding the public with concocted half-truths, lies and campaigns of calumny would swerve the course of justice for all the victims of Zaria genocide and its aftermath”.

Narrating his ordeal to an unidentified Indian official, El-Zakzaky said he was detained at a well furnished house located beside the Senate President’s residence and was also free to move around.

He said, “I have been about four years in prison now; a house fully furnished. In fact, our next neighbour was the Senate President; a large house. I was free to move about. Similarly, when they moved me to Kaduna I was in the best area – government reserved area. It is a house fully furnished with large bedrooms and I was free. I have never been in detention with police there; in fact, the soldiers used to stay outside at the gate. That is what they have been doing. When we came here, we were put in prison. I will definitely prefer another hospital. I was told that some Shi’ite Ulama came and said I should be allowed to be treated in India. They said I am the one to take myself to hospital, not the government. We bought our own tickets, the government people with us bought their own. Somehow, when we came here, we learnt the embassy changed the story. We learnt the Nigerian government told them they are bringing in two patients charged with a criminal offence, and they also solicited the support of the Indian government for the security of these people; they also spoke with the hospital about what to do. And they claim they are the ones bringing us.”

According to Fars News, an Iranian news agency, a total number of one hundred and eighty six doctors wrote to the president pointing to the physical condition of the leader Islamic Movement of Nigeria

Fars News quoted one of the signatories to the letter, Dr. Pourrahim Najafabadi, as saying that Zakzaky needs to be cured by an experienced medical team of physicians in a specialized multi-specialty hospital outside Nigeria.

Below is the full text of the letter:

“In the name of God, The healer

From the community of Doctors

To the President of the Republic of Nigeria, Mr. Buhari.

In the past several months, the world has constantly received troubling news regarding the health of one of the prominent figures in Nigeria, Shaikh Ibrahim Zakzaky. Both Skaikh Ibrahim Zakzaky and his wife are kept in prison and the health status of both of them is very alarming.

We have chosen to be doctors even after knowing that this job is very difficult and troublesome, but we chose to save people’s lives and preferred the health of the society over our personal interests.

According to the medical reports regarding the health status of Sheikh Ibrahim Zakzaky:

1. He is suffering from a total blindness in the left eye, and is also suffering from vision problems in the right eye including glaucoma and progressive macular atrophy. According to the diagnosis of the visiting physicians, Shaikh Zakzaky will lose his vision sooner or later if the current circumstances do not change.

2. He has shown symptoms of Ischemic heart disease which can lead to Myocardial Infraction.

3. He is also suffering from severe cervical spondylosis which has resulted to nerve root compression and symptoms are progressive causing insomnia.

4. The experiments show that he has heavy metal toxicity including Lead and Cadmium. Laboratory tests that are performed on May 31st, 2019 show that blood lead level is 171.94µg/dl. Later on June 18th, 2019 this level was reported to be 231.48µg while in the last laboratory test the blood lead level was three times more than the toxicity level (grade 5 of poisoning).

Based on the points highlighted above, Shaikh Ibrahim Zakzaky should be transferred to a well- equipped medical center that has Neuro-ophthalmologist, glaucoma specialist and low vision expert, cardiologist, orthopedist and neurologist. Also he may need to have a surgery to reduce intraocular pressure.

We, doctors of different nationalities cannot take the health of any human for granted. This is something that is inherent in our obligation as doctors. Ignoring the critical health status of Sheikh Ibrahim Zakzaky can end up in irreparable consequences.

We request the government and parliament of Nigeria to immediately transfer him to a well-equipped hospital to prevent any unfortunate incidents.

A group of doctors from Pakistan, India, Iran, Afghanistan, Syria, Lebanon and Iraq

Dr Abbas alahmad, Pediatrician, Syria

Dr Abd alkrim Hariri, Neurosurgeon, Syria

Dr Abd almonaam hsanato, Radiologist, Syria

Dr Abdo salami, Dentist, Syria

Dr Addel maheiri, Maxillofacial Specialist, Syria

Dr Ahmad alrahal, Otorhinolaryngologist, Syria

Dr Ahmaad alzien, Thoracic Internist, Syria

Dr Ahmad nasrullah, Dentist, Syria

Dr Ajmal Farooq, General practitioner, India

Dr Alla Aldrin Hassan, Neurosurgeon, Syria

Dr Allaa allnassan, General Surgeon

Dr Amar kiali, Ophtalmologist, Syria

Dr Anas hellali, General Surgeon, Syria

Dr Asma Khalid, General practitioner, Pakistan

Dr Bakri dablloni, Orthopedic Surgeon, Syria

Dr Bassel alshaher, Dentist, Syria

Dr Bsam kedeh, Gastroenterologist, Syria

Dr Fadi alaar, Vascular Surgeon, Syria

Dr Farhat, General practitioner, Pakistan

Dr Fizza Batool Zaidi, General practitioner, Pakistan

Dr Furqan Ali khan, General practitioner, Pakistan

Dr Hania Batool Zaidi, General practitioner, Pakistan

Dr Hassam Saleem, General practitioner, Pakistan

Dr Hassan alkhatib, Vascular Surgeon, Syria

Dr Hassan Khalil, Internist, Syria

Dr Houda abdalhadi, Internist, Syria

Dr Ibrahim hadid, Urologist, Syria

Dr Idrak Hussain Bhat, General practitioner, India

Dr Iftikar Hussain, General practitioner, India

Dr Kashaf Zehra Durrani, General practitioner, Pakistan

Dr Mamdoh zitoni, Orthopedic Surgeon, Syria

Dr Manaaf sharbjii, Orthopedic Surgeon, Syria

Dr Mhmmod Nasser, Gastroenterologist, Syria

Dr Mirza Arsalan, General practitioner, India

D.Mohamad mohiedin, Pediatrician, Syria

Dr Mohanad battal, Pediatric Surgeon, Syria

Dr mohanad naasan, General Surgeon, Syria

Dr Mohanad zanoube, Ophtalmologist, Syria

Dr Mohd Yaseen Mir, General practitioner, India

Dr Motaz alhmod, General Surgeon, Syria

Dr Muhammad Ajmal Hussain, General practitioner, Pakistan

Dr Muhammad Ali Kazmi, General practitioner, Pakistan

Dr Muhammad ali raseed, General practitioner, Pakistan

Dr Muhammad Amjad Hussain, General practitioner, Pakistan

Dr Muhammad Baqir, 4 year resident internal medicine, Pakistan

Dr Mouhamad batikh, General Surgeon, Syria

Dr Muhammad Farhan, General practitioner, Pakistan

Dr Myllad zahlloq, Vascular Surgeon, Syria

Dr Ossama attar, General Surgeon, Syria

Dr Owais Raza General practioner (MBBS), Pakistan

Dr Owais Siddique, General practitioner, India

Dr Raja Munawa, General practitioner, India

Dr Saman Fatima, General practitioner, Pakistan

Dr Samer alhames, Thoracic Surgeon, Syria

Dr Samer sharbo, Vascular Surgeon, Syria

Dr Sami bitar, Nephrologist, Syria

Dr Saqib Hussain, General practitioner, India

Dr Sharaf ud deen, General practitioner, Pakistan

Dr Showkat Hussain Dar, General practitioner, India

Dr Shyar mostafa, Neurosurgeon, Syria

Dr Suhail Ahmad Mir, General practitioner, India

Dr Syed ali kuamil, General practitioner Pakistan

Dr Syed Muntazir Mousavi, General practitioner, India

Dr Syed Wafadar Hussain Naqvi, General practitioner, Pakistan

Dr Syeada Maimoona Batool Rizvi, General practitioner, Pakistan

Dr Taher farfotli, Neurologist, Syria

Dr Tahssin hmidi, General Surgeon, Syria

Dr Waael akari, General Surgeon, Syria

Dr wisaam dieb, General Surgeon, Syria

Dr Yamen yousuf, Neurosurgeon, Syria

Dr Yassin alrahal, Orthopedic Surgeon, Syria

Dr Yousef sabsabi, Orthopedic Surgeon, Syria

Dr Zaher and allaziz, Vascular Surgeon, Syria

Dr Zaher batal, Nutritionist, Syria

Dr Zaid Jeelani, General practitioner, India

Dr Zeeshan Hadier, Liver transplant surgeon, Pakistan

Dr Arezoo Mohtasham, Radiology Resident, Iran

Dr Azadeh Hashemi, Radiology Resident, Afghanistan

Dr Abolfazl Mohammadi, Orthopedic Surgeon, Iran

Dr Amanollah Karami, Ophtalmologist, Iran

Dr Amir Rahmanian, Emergency Medicine Resident, Iran

Dr Amirhossein Izadyar, General PractitionePractitioner, Iran

Dr Aniseh Aliabadi, Dermatology Resident, Iran

Dr Hamed Abdi, Internist, Iran

Dr Hojjat Madarshahi, otorhinolaryngologist, Iran

Dr Hasan Boskabadi, Pediatrician and Neonatal Specialist, Iran

Dr Hasan Rajabi, Iran

Dr Hasan Sezavar, Iran

Dr Hossein Amirzargir, Urolohist, Iran

Dr Hossein Mohaddes Ardebili, Psychiatric Resident, Iran

Dr Hamidreza Safaei, Radiology Resident, Iran

Dr Hourieh Soleimani, Radiology Resident, Iran

Dr Rahil Daghmagh, General Practitioner, Lebanon

Dr Rose sadat Shamsa, General Practitioner, Iran

Dr Reyhaneh Aminorroaya, Elderly Medicine Specialist, Iran

Dr Zahra Behnam Rasouli, Obstetrics and Gynecology Resident, Iran

Dr Zahra Jafar, General Practitioner, Lebanon

Dr Zahra Joshaghani, Obstetrics and Gynecology Specialist, Iran

Dr Zahra Khalili Matinzadeh, Pediatrician, Iran

Dr Zahra Movahedinia, General practitioner, Iran

Dr Zahra Moaddab Shoar, Dentist, Iran

Dr Zeinab Babasafari, General Practitioner, Iran

Dr Sajedeh Mousavi, Physical Medicine Resident, Iran

Dr Saiedeh Khatami, Dentist, Iran

DT Soleiman Heidari, Toracic Surgeon, Iran

Dr Samaneh Rahmani, General Practitioner, Iran

Dr Seyed Javad Hosseininezhad, Neurologist, Iran

Dr Syed Zaker Hossein Naqvi, General Practitioner, Pakistan

Dr Syed Omran Hyder Zeidi, General Practitioner, Pakistan

Dr Seyed Mohammadreza Parizadeh, Biochemistry Ph.D, Iran

Dr Seyed Mohammadsadegh Mirzaei, general Practitioner, Iran

Dr Seyed Moadkazem Mozaffari, General Practitioner, Iran

Dr Seyed Naser Emadi, International Dermatologist, Iran

Dr Seyedeh Afsar Sharafi, Obstetrics and Gynecology Specialist, Iran

Dr Seyedeh Zeinab Hashemi Javaheri, General Practitioner, Iran

Dr Saeb Aliabadi, General Practitioner, Iran

Dr Seddigheh Ayati, Obstetrics and Gynecology Specialist, Iran

Dr Tahereh Labbaf, Obstetrics and Gynecology Specialist, Iran

Dr Arefeh Edalatian, Obstetrics and Gynecology Resident, Iran

Dr Atefeh Kermanshahi, General Practitioner, Iran

Dr Abbas Shojaei, Otorhinolaryngologist, Iran

Dr Azra Rashidnezhad, Neurology Resident, Iran

Dr Afraalshahrstani, Pediatric Resident, Iraq

Dr Atieh Mohebbi, Radiology Resident, Iran

Dr Atieh Mohammadzadeh Vatanchi, Obstetrics and Gynecology Specialist, Iran

Dr Ali Ebrahimzadeh, Iran

Dr Ali Anjomshoa, Anesthesiologist, Iran

Dr Ali Taghiparvar, Epidemiologist, Iran

Dr Ali Rezazadeh, Internist, Iran

Dr Ali Fazli, Anesthesiologist, Iran

Dr Ali Madarshahi, Internal Surgeon, Iran

Dr Fatemeh Ouchi Ardebili, General Practitioner, Iran

Dr Fatemeh Taghizadeh, Physical Medicine Resident, Iran

Dr Fatemeh Joshaghani, Dentist, Iran

Dr Fatemeh Dadelahi, Radiology Resident, Iran

Dr Fatemeh Mehrparvar, Dentist, Iran

Dr Fouzieh Takhari, Obstetrics and Gynecology Resident, Afghanistan

Dr Ghasem Amini, Surgery Resident, Iran

Dr Kamal Heydari, Dentist, Iran

Dr Leila Moaddab Shoar, Radiotherapy and Oncology Specialist, Iran

Dr Majid Habibzadeh Moghaddam, General Practitioner, Iran

Dr Majid Abdollahi, Emergency Medicine Specialist, Iran

Dr Majid Ghayour Mobarhen, Nutritionist, Iran

Dr Mohammad Ebrahimi, Iran

Dr Mohammad Sajjadi, Psychiatrist, Iran

Dr Mohammad Sadeghi, Iran

Dr Mohammadtaghi Rajabi Mashhadi, Surgeon, Iran

Dr MohammadJafar Modabber Azizi, General Practitioner, Iran

Dr Mohammadreza Behrouz, Iran

Dr Mohammadreza Javdani, Family Medicine Resident, Iran

Dr Mohammadali Kiani, Gastroenterologist, Iran

Dr Mahmoud Jozhaghani, Cornea Specialist, Iran

Dr Mahmoud Fatemi, Radiology Resident, Iran

Dr Mahya Yargholi, Obstetrics and Gynecology Specialist, Iran

Dr Morteza Amiri Soleimani, Orthopedic Surgeon, Iran

Dr Morteza Tajaddodi, General Practitioner, Iran

Dr Maryam Sadat Paknezhad, Iranian Traditional Medicine Specialist, Iran

Dr Maryam Rezaeian, Dentist, Afghanistan

Dr Maryam Yargholi, Obstetrics and Gynecology Specialist, Iran

Dr Mozhgan Mahmoudian, Radiology Resident, Iran

Dr Masoud Maleki, Dermatologist, Iran

Dr Masoud Mahdavi, Radiologist, Iran

Dr Mostafa Jafari, Internist, Iran

Dr Malihe Akbari, General Practitioner, Iran

Dr Malihe Hatefipour, General Practitioner, Iran

Dr Mahdi Oughli, Internist, Iran

Dr Mahdi Mokhtari, Ophtalmologist, Iran

Dr Mahdieh Pouryazdanpanah, Nutritionist, Iran

Dr Mahdi Miri, Internist, Iran

Dr Mahsa Kia, General Practitioner, Iran

Dr Milad Hadadi, Dentist, Iran

Dr Najmeh Khodadadi, Iran

Dr Najmeh Zamani, General Practitioner, Iran

Dr Narjes Khatoun Movahedi Rad, General Practitioner, Iran

De Narges Salehi, Cardiologist, Iran

Dr Narges Arabzadeh, Internist, Iran

Dr Nasrollah Hamraz, Internist, Afghanistan

Dr Nafiseh Kazemi Rad, Radiology Resident, Iran

Dr Nafiseh Aliabadi, Pediatric Resident, Iran

Dr Nayerreh Khadem Ghayebi, Obstetrics and Gynecology Specialist, Iran

Dr Hadi Hasanzadeh, General Practitioner, Iran

Dr Hadi Sherouni, Otorhinolaryngologist, Iran

Dr Hadi Jalali, General Practitioner, Iran

Dr Rezaei, Interventional Cardiologist, Afghanistan”

In a statement by the organisation’s spokesperson, Abdullahi Musa, the IMN said that the conditions attached to the bail application was a ploy by Kaduna State Governor, Nasir el-Rufai, to silence El-Zakzaky in detention.

Musa said, “sequel to the press statement released by Kaduna State Government dated August 7 and signed by Samuel Aruwan stating terms and conditions for the medical leave of Sheikh Zakzaky and his wife, we wish to inform the public that the conditions are not more than a desperate move by el-Rufai to assassinate the Sheikh in detention, and we hereby turn down the conditions.”

Some days ago the court granted El-Zakzaky and his wife permission to travel on August 5th but in a statement issued and signed by the state commissioner for Internal Security and Home Affairs, Mr Samuel Aruwan, the Kaduna state government says it has asked the Ministry of Foreign Affairs to confirm from Medanta Hospital, India, whether it has given El-Zakzaky and wife appointments to visit the hospital and check all diplomatic arrangements regarding the trip.

The statement reads

Malam Ibrahim El-Zakzaky is facing criminal trial before the Kaduna High Court on charges filed in April 2018. The Kaduna State Government is prosecuting Malam Ibrahim El-Zakzaky on an eight-count charge, including culpable homicide punishable with death. He and his wife are the first and second defendants in The State versus Malam Ibrahim El-Zakzaky and Another (charge no. KDH/KAD/60c/2018), and his plea was taken on 2nd August 2018. His application for bail was refused on 4th October 2018, and he has since remained in the lawful custody of the state, and not in unlawful detention as being wrongly disseminated.

On Monday, 5th August 2019, the Kaduna High Court granted an application for medical leave filed by Mr. El-Zakzaky and his wife, Mrs. Zeenah Ibrahim. The court specifically said it was granting the two defendants “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”.

The Kaduna State Government respects the right of anyone to seek treatment anywhere in the world, even for malaria or common cold, so long as they are paying for it. But in the case of persons facing trial for serious offenses, necessary safeguards are required to ensure that such persons do not become fugitives from justice or frustrate trial by claiming asylum or the status of political prisoner in the host country.

In compliance with the court ruling, the Kaduna State Government has filed at the Kaduna High Court terms for strict supervision of the medical leave, as follows:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

As is readily evident from the above, many of these terms of supervision depend for their actualization on actions by the Federal Government of Nigeria which is the sovereign power vested with the constitutional responsibility for foreign affairs.

While the Kaduna State Government respects the court’s ruling on medical leave, it disagrees with the premises on which it is based. Therefore, an appeal will be lodged on the matter, but a stay of execution will not be sought as the state government believes that a person may choose to travel abroad for any medical condition at his own cost.

As stated earlier, El-Zakzaky and his wife are defendants in a criminal case. Given the pendency of this case, the proper thing is to await its conclusion. However, the Kaduna State Government notes that perceptions of this case are suffused in a veritable avalanche of deliberate falsehood, disinformation and revisionism, powered by vested interests.

Therefore, this statement is issued to set the records straight, as follows:

1. Between 12-14 December 2015, there were clashes in Zaria between the Nigerian Army and the Islamic Movement in Nigeria (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.

2. Following the clashes, IMN leader Malam Ibrahim El-Zakzaky and his wife, Zeenah Ibrahim, were arrested by the Nigerian Army and passed to the custody of the federal authorities.

3. On 29th January 2016, the Kaduna State Government constituted a Judicial Commission of Inquiry into the matter. The 13-member commission of inquiry was chaired by Justice Mohammed Lawal Garba of the Court of Appeal.

4. Among other findings, the Judicial Commission of Inquiry assigned responsibility for the Zaria clashes to Malam Ibrahim El-Zakzaky as leader of the IMN. The Judicial Commission of Inquiry noted that “members of the IMN owe absolute loyalty to Ibrahim El-Zakzaky. He therefore bears responsibility for all the acts of lawlessness committed by the organization and should therefore be held responsible, fully investigated and prosecuted”.

5. The Judicial Commission of Inquiry also recommended the proscription of the IMN, noting its disregard for the Constitution and the laws of the Nigerian state.

6. The Kaduna State Government accepted these findings of the Judicial Commission of Inquiry and commenced the processes for prosecuting Mr. El-Zakzaky.

7. In October 2016, the Kaduna State Government declared the IMN an unlawful society, drawing on powers vested by Section 45 (1) of the Constitution and Section 97A of the Penal Code (Cap 110, Laws of Kaduna State, 1991).

8. While in the custody of the Federal Government, Mr. El-Zakzaky’s counsels filed a case against the Federal Government for the enforcement of his fundamental rights at the Federal High Court.

9. Neither that court nor any other court has made any order against the Kaduna State Government for the release of Mr. El-Zakzaky on bail. After the conclusion of the Judicial Commission of Inquiry process, the Kaduna State Government requested the transfer of Mr. El-Zakzaky to the state for the legal processes to begin.

10. In 2018, the Federal Government eventually acceded to the Kaduna State Government’s request for the transfer of Mr. and Mrs. El-Zakzaky from its custody to facilitate their proper arraignment before the Kaduna State High Court.

11. 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:

a. Criminal Conspiracy

b. Culpable Homicide punishable with death

c. Unlawful Assembly

d. Wrongful restraint

e. Disturbance of public peace

f. Voluntarily causing grievous hurt

g. Inciting disturbance

h. Breach of Public Peace

12. 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.

13. On 2nd August 2018, the Kaduna High Court took the pleas of the first and second defendants, Malam Ibrahim El-Zakzaky and Mrs. Zeenah Ibrahim. Also, on that same day, the court heard the defendants’ application for bail which was refused in a ruling made on 4th October 2018.

14. The court ordered that the defendants be kept in prison custody and that the defendants be allowed access to their personal physicians alongside physicians of the State. However, at his request, Mr. Ibrahim El-Zakzaky and his wife are being kept in SSS facilities which were deemed more comfortable than the Kaduna Prison.

15. The trial suffered initial delays because the third and fourth defendants/applicants remain at large. That was the case when the matter first came up in court on 15th May 2018. It was adjourned till 21st June 2018 because the charges had not been served on the third and fourth defendants. An accident involving the trial judge further delayed the hearing scheduled for 21st June 2018. Subsequently, the arraignment of the first and second defendants was done on 2nd August 2018.

16. The substantive charge was adjourned sine die with the agreement of all counsels representing the State and the defendants upon the assignment of the trial judge to duties at the Election Tribunal.

17. However, the Kaduna High Court heard Malam El-Zakzaky’s application for leave to seek medical attention abroad on Monday, 29th July 2019. At the hearing, counsel to the Kaduna State Government opposed the application for medical leave largely because it was based on medical reports not issued by a government medical facility. The court granted the application on Monday, 5th August 2019.

18. Counsels representing the defendants/applicants in the case have been appearing before the Kaduna High Court. It is baffling that the same counsels to the defendants, led by a senior advocate, Femi Falana, are in their public comments, giving the impression that there is no trial ongoing at the Kaduna High Court, which denied bail to Mr. El-Zakzaky and consequent to which Mr. Ibrahim El-Zakzaky remains in lawful custody.

19. It is the considered contention of the Kaduna State Government that decades of impunity emboldened the IMN to engage in various unlawful activities culminating in the tragic events of December 2015. In prosecuting the case, the state government is affirming simple canons of the rule of law, that no one is above its long arm and that all persons are equal in its eyes. Mob pressure, such as the carnage visited on the streets of Abuja to force Mr. El-Zakzaky’s release without due process, cannot be allowed to succeed.

20. Matters have been joined in court. The two defendants are represented by counsel of their choice and they have taken the pleas. It is left to the court to decide the case. The campaign of violence, disinformation and misinformation on this matter must now stop. Only a court of law can free Mr. El-Zakzaky, and the court before which he is standing trial is the High Court of Kaduna State.

21. It is ridiculous to feign respect for the rule of law while ignoring legal processes ongoing before a state High Court. Campaigns of calumny, abuse, disinformation and disrespect for law and order will not trump due process. Equality before the law obliges everyone to respect the trial process before a court, not to irresponsibly traduce it.

Signed

Samuel Aruwan

Commissioner, Internal Security and Home Affairs

Wednesday, 7th August 2019