A Kaduna State High Court, on Wednesday discharged and acquitted the leader of the proscribed Islamic Movement in Nigeria (IMN), Ibrahim El-Zakzaky and his Wife Zeenat.
The Kaduna State Government had charged El-Zakzaky and Zeenat on eight counts, bordering on alleged culpable homicide, unlawful assembly and disruption of public peace, among other charges, offenses which the defendants had pleaded not guilty.
Delivering judgement, Justice Gideon Kurada, in an eight-hour ruling, upheld the no-case submission filed by the counsel to the defendants, Marshal Abubakar, who represented the lead counsel in the suit, Femi Falana, SAN.
Justice Kurada also held that the charges were incompetent because El-Zakzaky and his wife had committed no offense at the time of their arrest ond arraignment.
According to the judge, the charges ought not to have been filed in the first place, as the government should not have arraigned someone for a said crime that was not an offense at the time it was allegedly committed.
The court also held that the events of Dec.12, 2015 and Dec. 15, 2015 for which the defendants were tried none of the them can be attributed to the defendants for an offence.
“The court, thereby, discharges and acquits the defendants, as there should have been no charge in the first place,” the judge said.
Periscope International recalls that El-Zakzaky’s lead counsel, Falana, had in the no case submission prayed the court to dismiss the allegations against El-Zakzaky and his wife for lack of evidence.