Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / NewStats: 3,163,140 members, 7,852,882 topics. Date: Friday, 07 June 2024 at 07:49 AM |
Nairaland Forum / Nairaland / General / Politics / El-zakzaky, Wife Serve Disobedience Of Court Order Notice On Malami (357 Views)
Offa Robbery: AGF Malami clears Saraki, says police lack evidence against Him / Shi'ite Leader, El-Zakzaky And Buhari (Throwback Photo) / El-zakzaky's Wife Not In Detention, Keeping Her Husband's Company — Presidency (2) (3) (4)
(1) (Reply)
El-zakzaky, Wife Serve Disobedience Of Court Order Notice On Malami by peteregwu(m): 9:21pm On Jan 30, 2017 |
Detained leader of Islamic Movement in Nigeria, also known
as the Shi’ite sect, Sheikh Ibraheem El-Zakzaky, and his
wife, Zeenat, have notified a Federal High Court in Abuja of
their intention to ask for the imprisonment of those who
continue to hold them in custody in disobedience of court
order.
El-Zakzaky and his wife have remained in the custody of the
Department of State Service since December 15, 2015,
despite a judgment of Justice Gabriel Kolawole of the
Federal High Court in Abuja, delivered on December 2,
2016, ordering their release within 45 days.
The 45-day ultimatum given to the DSS and the AGF had
expired on January 17, 2017.
Following the expiration of the court’s ultimatum, the couple,
through their lawyer, Mr. Femi Falana (SAN), filed before
the court a ‘Notice of consequence of disobedience of order
of court’, otherwise referred to as FORM 48, on January 20,
2017.
They joined the Director-General of the Department of State
Service, Mr. Lawal Daura, and the Attorney-General and
Minister of Justice, Mr. Abubakar Malami, as the alleged
contemnors who had refused to comply with the court’s
judgment.
Our correspondent learnt on Sunday that the FORM 48 was
served on Malami personally last Friday.
Contained in the Form 48, is a warning to Daura and Malami
that they would be guilty of contempt and be liable for
imprisonment if they further failed to comply with the court’s
judgment.
The ultimatum given to by the court for the couple to be
released was erroneously stated as 40 days.
The applicants stated in the notice that the court had been
notified of the alleged contemnors’ refusal to comply with
the judgment delivered on December 2, 2017.
The Form 48 reads in part, “Take notice that unless you obey
the direction contained in the order of the Federal High Court
of Justice, Abuja delivered on December 2, 2016, which
ordered you to release the applicants in suit number FHC/
ABJ/CS/281/2016 and its sister case with suit number FHC/
ABJ/CS/281/2016 within forty (40) days, inter alia you will
be guilty of contempt and will be liable to be committed to
prison.
“A copy of the said order of court earlier served on you is
hereby annexed for your on-the-spot reference.
“This court has been informed that even as at today, Friday,
January 20, 2017, you are yet to comply with the lawful
order of this honourable court by refusing to release the
following persons namely: Sheikh El-Zakzaky and Zeenah
Ibraheem in your custody.
“You are hereby directed to comply with the court order
forthwith or you will be guilty of contempt of court.”
If FORM 48 is usually followed by Form 49 in which the
applicants can ask for the imprisonment of the alleged
contemnors if they still fail to comply with the court’s
judgment.
Meanwhile the AGF on January 19, 2017, two days after the
ultimatum given by the court for the release of the couple
expired, filed an eight-ground notice of appeal against the
court’s judgment.
Speaking with our correspondent on Sunday, Falana said the
appeal had no effect on the enforcement of the court’s
judgment.
He said, “No motion for stay. Even if they filed one it will be
an exercise in futility as it has been held that the liberty of a
citizen cannot be stayed.
“Even under a military dictatorship, the Court of Appeal held
in Nigerian Army v Mowarin that once the release of anyone
has been ordered, a motion for stay of execution cannot be
granted to prolong an illegal detention.
“That law has not changed. I want to believe that that is why
the federal ministry of Justice did not file any motion for stay
of execution.” |
Re: El-zakzaky, Wife Serve Disobedience Of Court Order Notice On Malami by Donsamie(m): 10:18pm On Jan 30, 2017 |
May God be with this family nd why treating ppl like this denying them of there right |
(1) (Reply)
Buhari’s All Purpose Cleanser / We Will Do All We Can To Support Local Producers & Manufacturers— Ag. President / Will Buhari Return To The Country Dead Or Alive?
(Go Up)
Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health religion celebs tv-movies music-radio literature webmasters programming techmarket Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 21 |