By Mukwuzi Joseph
A Kaduna State High court has dismissed the motion of no-case submission filed by the spiritual leader of the Islamic Movement in Nigeria(IMN), Sheikh Ibrahim El-Zakzaky and his wife, Zeenatu.
Both of them are standing trial on eight counts of culpable homicide, unlawful assembly and disruption of the public peace, among other allegations.
The IMN leader who was brought to court on Tuesday morning amid tight security, had asked the court to quash the Kaduna State government’s case against them for lack of evidence.
During the last sitting on August 7, the presiding Judge, Justice Gideon Kurada fixed today for ruling on the, after counsel to the defendants, Abubakar Marshall, holding the briefs for the lead counsel, Femi Falana, had asked the court to quash the charges preferred against the IMN leader by the government for not “disclosing an offence known to law contrary to Section 36 (8) and (12) of the 1999 constitution as amended”.
When the case came up on Tuesday, amid tight security, the Prosecution Counsel, Dari Bayero, adopted his final arguments in the matter.
The presiding judge, Justice Gideon Kurada, thereafter, dismissed the no-case submission, noting that it was premature to rule on the application to quash the charges against the defendants.
This, Kurada ruled, was in view of the clear provisions of the Kaduna State Administration of Criminal Justice.
According to him, such an application should be ruled on after the defendants might have taken their plea and after hearing on the whole matter has been concluded.
El-Zakzaky and his wife, however, pleaded not guilty when the charges were read before them.
The case was adjourned till November 18 and 19, 2020 for the prosecuting counsel to present his evidence before the court and continuation of the trial proper.
In their separate interviews, both the defence and prosecuting counsels differed on the court ruling.
Elzakzaky and his wife were arrested and detained since December 2015 following a bloody clash between IMN members and the Nigerian Army in Zaria, Kaduna State.