How the Kaduna State Government screwed up In the El-Zakzakky Case

What the Kaduna State Government (KSG) did was so bizarre everybody is wondering why. After four years in detention without trial, marked by many riots by his followers, coupled with his failing health, the court granted El-Zakzakky and his wife leave to travel to India for critically needed medical treatment. The KSG was a party to the court proceeding.

By a most unusual procedure, the KSG tried to stop El-Zakzakky from traveling to India for treatment. KSG filed at the Kaduna High Court an unknown process which it called terms for strict supervision of the medical leave, which contains the following conditionalities:

1. The Ministry of Foreign Affairs of the Federal Republic of Nigeria shall confirm the appointments of the defendants/applicants with the Medanta Hospital, India, and undertake all necessary diplomatic arrangements and protocols to ensure compliance with the conditions of the medical leave.

2. Each of the defendants/applicants shall undertake to return to Nigeria to continue their trial as soon as they are discharged from the hospital, and shall also be responsible for the cost of their travel, treatment and living expenses while on their medical leave.

3. Each of the defendants/applicants shall produce two prominent and reliable persons as sureties, one being a first class chief/emir of national repute and the other a prominent person within Kaduna State who shall undertake to produce the defendants whenever they are needed. The sureties must also produce evidence of landed property within Kaduna State.

4. The Federal Government of Nigeria shall obtain from the Government of India an irrevocable guarantee that it will not entertain any application by the defendants/applicants or any third party seeking asylum under any guise or conferring the status of political prisoners or any other status aside from being medical patients on the defendants/applicants and shall also restrain the defendants/applicants from any act inimical to the corporate existence of Nigeria.

5. Each of the defendants/applicants shall undertake in writing, endorsed by their Counsel, that while on medical treatment in India, they shall do nothing to jeopardize the ongoing trial, the peace and security of Nigeria and the laws of the Republic of India in whatever form.

6. Security agents of the Federal Government of Nigeria shall escort the defendants/applicants and remain with them throughout the duration of their treatment in India and thereafter shall return with them after their discharge from the hospital.

7. The Nigerian High Commission in India shall undertake prior vetting and grant consent before any visitor has access to the defendants/applicants while in the Republic of India.”

These conditions are not consistent with the law. Obviously the KSG is afraid that letting El-Zakzakky free in any degree might reopen the question of the atrocities committed against the Shiites, led by El-Zakzakky. His freedom may have serious repercussion for Governor El Rufai’s ambition to become the President of Nigeria.

Over a thousand Shiites were said to have been killed, including the three sons of El-Zakzakky in what was considered government sponsored attacks. The effort to silence El-Zakzakky may be connected to attempt to cover up the massacre.

The President declined to tow the line being pursued by KSG. And KSG lacked the powers to impose its conditions. Now that El-Zakzakky is in India, his activities will be governed by the laws of India. If he wants, he can seek asylum either in India or any other country. The extra-judicial conditions sought by KSG would have been meaningless even if perfected in Nigeria before his trip.