The Federal High Court sitting in Kaduna on Thursday dismissed the suit filed by the leader of the Islamic Movement in Nigeria, Sheikh Ibraheem El-Zakzaky and Malama Zeenat El-Zakzaky against Nigerian Army, the Chief of Army Staff, Lt. Gen. Tukur Buratai and two others over abuse of court proceedings.
The Shii’tes leader and his wife had instituted a N2 billion suit against the army, Buratai, the Attorney General of the Federation and the Attorney General of Kaduna State over alleged invasion of their private house at No1 Wali Road Gyellesu, Zaria, Kaduna State, by armed soldiers who allegedly shot and killed three of their children and injured several other members of the Islamic movement.
Justice Saleh Musa Shuaibu said the 34- paragraph affidavit with two annexures filed by daughter of the plaintiffs, Zuhalla Ibraheem, was not clear enough, as the deponent did not state reason why she was the one deponing to the affidavit instead of her parents.
He said since the two suits separately brought by Sheikh el-Zakzaky and his wife were similar and seeking the same reliefs he decided to consolidate them to save time.
The suit filed by lead counsel to the applicants, Mr. Femi Falana (SAN), is seeking eight reliefs that include declarations by the court that the violent invasion of the applicants’ private residence at No 1 Wali Road Gyellesu, Zaria, Kaduna State, by armed soldiers was a flagrant violation of their fundamental rights, that shooting of the applicants by armed soldiers who are agents of respondents one and two is illegal and unconstitutional and the cruel inhuman treatment of the applicants at their private residence was a flagrant violation of their fundamental right to dignity of human person.