The only surviving son of the leader of the Islamic Movement in Nigeria (IMN), Muhammad Ibrahim Zakzaky, has again written reminder letters to the Nigerian Bar Association (NBA) and the Legal Practitioners Privileges Committee, drawing their attention to the plight of his parents, Sheikh Ibraheem Zakzaky and Malama Zeenat Ibraheem Zakzaky, and calling on them to also help in enforcing the fundamental rights of the duo and to uphold punitive measures against the Attorney-General of the Federation and Minister of Justice, Mr Malami Abubakar SAN for failing to enforce a valid judgement of a competent court setting them free.

Muhammad, had in February this year, petitioned the Legal Practitioners’ Privileges Committee and the Nigerian Bar Association (NBA) over what he described as the “gross misconduct” displayed by the Attorney-General of the Federation and Minister of justice, Malami Abubakar SAN for failing in his duty to enforce the judgment of the Federal High Court, Abuja that ordered the release of his parents. This reminder letter is to remind the legal bodies that his parents remain unjustifiably in detention and AGF continues to enjoy privileges as a Senior Advocate when he has continued to grossly violate several court orders and judgements.

He therefore called on the legal bodies to apply appropriate sanctions and punitive measures against the AGF for disobeying orders of the court, while being additionally a Senior Advocate of Nigeria (SAN).  “I fervently call upon the Nigerian Bar Association/Legal Practitioners’ Privileges Committee to enforce and uphold any punitive measures against the AGF, being the Chief law Officer of the Federation and a Senior Advocate of Nigeria, through withdrawals of privileges otherwise due to him for gross misconduct displayed by him, and to urgently act to secure the enforcement of the rights of Sheikh Ibraheem Zakzaky and Malama Zeenat Ibraheem Zakzaky” he said.

Petition

He noted that Nigeria being a signatory to several international treaties on Human Rights, is under obligations to ensure that fundamental rights of all citizens are guaranteed and protected. He specifically mentioned that the government is under international treaty obligations to ensure compliance with all relevant provisions of the African Charter on Human and People’s Rights. He insisted that the since the government claims to be a democracy, they should be ruled by the Constitution and the rule of law.

Muhammad recounted how his parents had approach the Federal High Court to seek for the enforcement of their fundamental rights to life, personal liberty, dignity of the human person, right to private and family life and private property pursuant to sections 33, 34, 35, 36, 37, 40, 41 and 46(1) & (2) of the constitution of the Federal Republic Of Nigeria, 1999 (as amended) and articles 4, 5, 6, 11 and 12(1) of the African Charter on Human and People’s Rights (ratification and enforcement) act lfn 2010 and order 11, order xi and xii of the fundamental rights (enforcement procedure) rules, 2009.

He explained to both the NBA and the Legal Practitioners’ Privileges Committee that the Federal High Court in Abuja had given judgment in their favour and consequently ordered for their release. The IMN leader’s son said that rather than comply with the ruling, the AGF and Minister of Justice, who is also a Senior Advocate of Nigeria (SAN), has continued to illegally detain his parents, an action he described as “gross misconduct,” being contrary to an order of a court of competent jurisdiction and in contradiction to the Constitution of the Federal Republic of Nigeria.

Earlier this week, the CJN berated President Muhammadu Buhari for the flagrant disobedience of court orders and judgements since the inception of this regime.

Below is the full text of the petition written nine months ago:

PREAMBLE:
The Federal Government of Nigeria is a democracy that is ruled by a Constitution and the
rule of law. The government is also under international treaty obligations to ensure that
fundamental rights of all citizens are guaranteed and protected;
IN ADDITION, the Federal Government of Nigeria is under international treaty obligations to ensure compliance with all the relevant provisions of the African Charter on Human and People’s Rights;
IN ADDITION, the Federal Government of Nigeria is similarly a signatory to the various UN International Conventions on the Rights of Persons and Political Rights;
THEREFORE:
I, Mohammed Ibraheem Zakzaky, the only surviving son of Sheikh Ibraheem Zakzaky and Malama Zeenat Ibraheem Zakzaky, is calling upon the Nigerian Bar Association to ACT upon receipt of this petition to urgently sanction and apply any other necessary punitive disciplinary action against the Attorney General Of The Federation (AGF) and Minister of Justice, being also a Senior Advocate Of Nigeria (SAN) for failing in his duties to duly advise the Federal Government of Nigeria to obey an order of the Federal High court, and for failing to enforce the Judgement of a Federal High Court delivered on 2 nd December, 2016 which called for the release of Sheikh Ibraheem Zakzaky and Malama Zeenat Ibraheem Zakzaky.

PETITION
TO THE LEGAL PRACTITIONERS’ PRIVILEGES COMMITTEE/NIGERIAN BAR ASSOCIATION (NBA)
I, Muhammad Ibraheem Zakzaky, the undersigned citizen of Nigeria, draw the attention of the Nigerian Bar Association to the following:
THAT
Sheikh Ibraheem Zakzaky and Malama Zeenat Ibraheem Zakzaky had both approached the Abuja Division of the Federal High Court seeking for the enforcement of their fundamental rights to life, personal liberty, dignity of the human person, right to private and family life and private property. Both applications were pursuant to sections 33, 34, 35, 36, 37, 40, 41 and 46(1) & (2) of the constitution of the Federal Republic Of Nigeria, 1999 (as amended) and articles 4, 5, 6, 11 and 12(1) of the African Charter on Human and People’s Rights (ratification and enforcement) act lfn 2010 and order 11, order xi and xii of the fundamental rights (enforcement procedure) rules, 2009;
THAT
The Federal High Court had ruled that the detention of Sheikh Ibraheem Zakzaky and
Malama Zeenat Ibraheem Zakzaky at Abuja since December 2015 is illegal and
unconstitutional as it violates their fundamental rights to personal liberty, dignity of person and fair hearing as enshrined in Sections 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 5, 6 and 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (CAP A10) Laws of the Federation of Nigeria, 2004;
THAT
With the successful challenge of their detention since December, 2015 without charges, the Honourable Court had ordered their release from custody within 45 days of judgement among some other reliefs which the Court has granted. (The Judgement is attached);
THAT
Both the AGF and DSS have continued to violate the fundamental rights of both my parents, Sheikh Ibraheem Zakzaky and Malama Zeenat Ibraheem Zakzaky, in their custody contrary to that judgement and the law, thus continuing to deprive them of their rights to liberty and security of their persons, arbitrary arrest and detention as well as deprivation of liberty unjustifiable by law;
THAT
The AGF, being the Chief Law Officer of the federation and a Senior Advocate of Nigeria,
has failed to discharge his duties contrary to the Constitution of the Federal Republic of
Nigeria, 1999 (as amended) and has continued in defiance of judgement of a competent
court, to display unwillingness or incompetence to enforce the judgement through the
continued detention of the duo;
THAT
The AGF, being the Chief Law Officer of the federation, has not acted in accordance to his
position and privileged status as a Senior Advocate of Nigeria to ensure compliance with a legitimate court order to release them without any counter judgement for stay of execution by a superior court;
THAT
This action is a systemic misconduct by the Attorney-General of Nigeria and Minister of
justice, while being the Chief law officer of Nigeria, and a Senior Advocate of Nigeria
(SAN), through a deliberate omission of duty and flagrant disobedience of an order of a
competent court, has continued to subject the injured duo to cruel denial of treatment of their choice as free citizens;
THAT
This misconduct by AGF of leaving mortally injured citizens in the illegal custody of an
Agency of the Government in contempt of Court judgement violates all relevant laws of the Federation that guarantee every one citizen the right to life, liberty and security and the right not to be deprived thereof except in accordance with the principles of fundamental justice;
THAT
The AGF, being the Chief Law Officer of the federation and a Senior Advocate of Nigeria
has acted and continue to act contrary to the Constitution of the Federal Republic of Nigeria 1999 (as amended) and all Charters of Rights and Freedoms to which Nigeria is a signatory;
THAT
The action of AGF, being the Chief Law Officer of the federation and a Senior Advocate of
Nigeria, in further violation of their fundamental rights without lawful justification has
made both Sheikh Ibraheem Zakzaky and Malama Zeenat Ibraheem Zakzaky to be “twice put in jeopardy”;
THEREFORE,
I fervently call upon the Nigerian Bar Association, to enforce and uphold any punitive
measures against the AGF, being the Chief Law Officer of the federation and a Senior
Advocate of Nigeria, through withdrawals of privileges otherwise due to him for the gross misconduct displayed by him, and to urgently act to secure the enforcement of the rights of Sheikh Ibraheem Zakzaky and Malama Zeenat Ibraheem Zakzaky.