By Ishaq Adam Ishaq Esq.
It is of utmost importance to draw the attention of the general public on the ruling/judgement delivered by the Kaduna State High Court 3 where in its ruling discharged and acquitted Sheikh Ibrahim Zakzaky(H) and Malama Zeenah Ibrahim. This is necessary due to the misinformation and conspiracy peddled around by enemies of peace and humanity.
Onlookers that paid attention to the proceedings of the case will attest to the fact that the prosecuting Counsel were given ample time and facilities to prove their case which lasted for three years and two months. In the process, they tendered 15 witnesses and closed their case thereafter. But non of the 15 witnesses was able to link the defendants with any of the 8 count charges against them.
The Defence Counsel filed "NO CASE SUBMISSION" and the Prosecuting Counsel made a reply. The legal tussle continued as the Defence Counsel also filed responses to the reply and adoption was made. The Court fixed 28th July, 2021 for ruling/judgement.
In its judgement on the NO CASE SUBMISSION on 28th July, 2021, the Court discharged and acquitted the defendants (Sheikh Ibrahim Zakzaky and Malama Zeenah Ibrahim) for committing no offence.
It is worthy of note to know that the effect of the ruling was based on merit (absolute and instant release). It was neither a bail nor a strike out for lack of diligent prosecution.
REASON FOR THE DISCHARGE AND ACQUITTAL.
False information is in circulation by mischief makers and unpatriotic elements to mislead the general public that the defendants were discharged and acquitted only because the law (Kaduna State Penal Code, 2017) under which they were charged was not enacted when the alleged offences were committed. This is by no means true.
To put the record straight, the reason was that, the Court could not find the defendants guilty of any offence. It was very glaring that the Prosecuting Counsel failed to prove commission of the alleged offences beyond reasonable doubt before the Court. As such, whether the defendants were charged under the Penal Code Law of 1990 or the Kaduna State Penal Code Law of 2017, they must be discharged and acquitted due to the inability of the Prosecuting Counsel to prove their case. This is the rule of the law in criminal trial, that, he who asserts must prove.
On final note, we want to use this medium to inform the general public and whoever comes across this write up that the defendants were genuinely discharged and acquitted (discharged on merit) and not on bail or that the matter was strike out for lack of diligent prosecution. They were actually discharged and acquitted because the prosecution was not able to prove its case. No more and no less.
Infact, Honourable Justice Godwin Kurada - in an eight hour ruling- has thoroughly dealt with each of the eight count charges vis a vis 15 prosecution witnesses, and proved that non of the witnesses linked the defendants with any of the alleged offences.
It could be recalled that, Sheikh Ibrahim Zakzaky and Malama Zeenah Ibrahim sued the Federal Government for the Enforcement of their Fundamental Rights at Federal High Court, FCT, Abuja before Honourable Justice Gabriel Kolawole in 2016. The Court ruled that the couple should be released unconditionally. In addition, the Court mandated the Government to pay the couple compensation and provide a house for them in a location of their choice. The Federal Government acted in contempt and refused to obey the judgement of the Federal high Court.
As shameless as they were, they later connived with Kaduna State Government and sued Sheikh Ibrahim Zakzaky and Malama Zeenah before the Kaduna State High Court 3, and again, the truth triumphed. Sheikh Ibrahim Zakzaky and Malama Zeenah won and Government lost.
By Ishaq Adam Ishaq Esq.
18th October, 2021.
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