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Court grants leave for medical treatment
05 August, 2019
By SJA Jafri + Agencies
KADUNA/MELBOURNE: Justice Darius Khobo of Kaduna State High Court, on Monday, granted leader of the Islamic Movement in Nigeria, Ibrahim Elzakzaky, leave to seek for medical attention in New Delhi, India.
Khobo while granting the IMN leader the leave said he would travel in company of State officials.
He said the IMN leader must return immediately after his discharge from the hospital to face his charges.
The IMN leader and his wife had applied to the court seeking to travel, following poor health while in detention.
The State Director of Public Prosecution, Dari Bayero, briefed newsmen, shortly after Monday’s ruling in Kaduna.
Bayero, who is the respondent in El-Zazaky’s application, said the team had taken time and examined the eight medical reports by Nigerian and foreign doctors that accompanied the IMN leader’s application.
“The context of the court ruling is that Sheikh Zakzaky and his wife are granted leave to travel out for urgent medical attention.
“The court looked through the medical reports filed and believed Mallam is indeed in dire need of medical attention.
“This is not a bail, but a leave to travel. So as soon as his discharge from the hospital and he returns to the country, his trial will resume,” he said.
Bayero said the team of lawyers would study the ruling and explore whether there is a need for appeal, “We have a month to go through that.”
On his part, Marshal Abubakar, counsel to El-Zakzaky recalled that before July 29, the lead counsel to the applicant, Femi Falana was in the court to move the application, which was adjourned to today.
“It is not a bail application as is being wrongly reported by some media, it was an application to save the life of the applicants, El-Zakzaky and his wife.”
According to him, “The ruling came up today and the court graciously agreed with Mr Femi Falana SAN and the various medical reports that were attached to the applications.
“There were eight medical reports that clearly show the applicants are in dire need of medical treatment abroad.
“The court agreed that they should be allowed to seek treatment that they sort for and with supervision,” Marshal said.
El-Zazaky had in the application said he and his wife would return to Nigeria as soon as they were discharged.
The IMN leader is standing trial in another court over allegations of culpable homicide, unlawful assembly and disruption of public peace among other charges.
Justice Gideon Kurada, who was handling the case, had on April 25 adjourned the trial of the IMN leader indefinitely.
The indefinite adjournment was to enable the judge to serve on the panel of the Presidential and National Assembly Elections Petitions Tribunal in Yobe State.
Earlier, Major roads in Kaduna appear empty of human and vehicular movements as Police anti-riot vehicle was stationed along the Ahmadu Bello Way, preparatory to the hearing of bail application of leader of the Islamic Movement in Nigeria (aka, Shi’ites), Sheikh Ibrahim El-ZakZaky; and his wife, Zeenat.
The couple had been in detention since 2015.
They had jointly applied for bail, whose hearing has been fixed for Monday.
Our Correspondent reports that Ahmadu Bello Way was devoid of activities as El-Zakzaky is expected to appear in court.
Security agents had warned against any protests by anyone or group of persons on account of the Islamic cleric leader’s court appearance.
They also encouraged residents to go about their daily activities peacefully.
