BY ISAIAH BENJAMIN,
A Kaduna State High court has dismissed the motion of no-case-submission filed by the leader of the Islamic Movement in Nigeria (IMN) Sheikh Ibraheem El-Zakzaky and his wife Zeenat El-Zakzaky.
The IMN leader and his wife who has been in custody since December 2015 following an encounter with the Chief of Army Staff (COAS) and the IMN members are standing trial on eight counts charges of culpable homicide, unlawful assembly and disruption of the public peace, among other allegations.
At the resumed hearing Tuesday, the IMN leader asked the court to quash the Kaduna State government’s case against them for lack of evidence.
It would be recalled that during the last sitting on August 7, the presiding Judge, Justice Gideon Kurada fixed today for ruling on the no case application after counsel to the defendants, Abubakar Marshall, holding briefs for the IMN lead counsel, Femi Falana SAN, had asked the court to quash the charges 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”.
The Prosecution Counsel also adopted his final arguments in the matter.
The presiding judge, Justice Gideon Kudafa, thereafter, dismissed the no-case submission, saying that it is premature to rule on the application to quash the charges against the defendants in view of the clear provisions of the Kaduna State Administration of Criminal Justice.
The judge also noted that such 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 Zeenat, however, pleaded not guilty when the charges were read before them.
The case has been adjourned to November 18th and 19th, 2020 for continuation of trial and to enable the prosecution counsel to present his evidence before the court.
The prosecuting counsel Dari Bayero informed that they will be ready to present their witnesses at the resumed hearing in November.