A Lagos based human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, on Wednesday requested for the prosecution of the Chief of Army Staff, together with soldiers who took part in the attack on the Shi’ite movement and their leader, Ibrahim El-Zakzaky, in Kaduna State.
Falana, in a statement said, “Assuming that the Shi’ite members actually blocked the road, why was the nuisance not reported to the police? Are the authorities of the Nigerian Army above the law of the land?” Mr. Falana, a Senior Advocate of Nigeria, said in a statement on Wednesday.
“The army authorities have refused to release the bodies of those who were massacred to their families for burial while the personal physicians of the injured ones and their family members have been denied access to them.”
The SAN added that about 300 members of the group had been dragged before the Magistrate Court on the basis of First Information Reports without allowing them access to lawyers.
Falana further noted that, “The suspects were refused bail by the Magistrate who ordered that they be remanded in prison custody.
“The leader of the group, Sheik Ibrahim El-Zakzaky, and his wife who was also shot by the blood thirsty goons were taken away and dumped in a military custody. Up till now, their whereabouts are unknown.
“Although Sheik El-Zakzaky is reported to have been transferred from military custody to a police station, he has been denied access to his personal physicians and lawyers.”
The human rights lawyer called the attention of the Army and Police Authorities to the fact that under a “repressive” military junta, the right of access to detainees was fought and won.
He said, “Thus, in Chief Gani Fawehinmi v. General Sani Abacha (1996) 5 NWLR (PT 447) 198 at 202, the Court of Appeal ordered the Attorney-General of Federation, Inspector-General of Police and the operatives of the State Security Services to allow the wife and personal physicians of the appellant, a political detainee, to have access to him in prison custody ”˜at all reasonable times.’
“In requesting the Inspector-General of Police to allow access to the detainees his attention ought to be drawn to Section 14 (2) of the Administration of Criminal Justice Act which provides as follows:
“A person who has the custody of an arrested suspect shall give the suspect reasonable facilities for obtaining legal advice, access to communication for taking steps to furnish bail, and otherwise making arrangements for his defence or release.
“Having undertaken to end impunity in the country, President Buhari should ensure that the Chief of Army Staff and all the soldiers who took part in the violent attack and arson in Zaria are brought to book without any further delay.”
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