Court acquits 91 Shi’ites detained in prison since 2015

[Edoman]

Court acquits 91 Shi’ites detained in prison since 2015







91 members of the Islamic Movement in Nigeria (IMN) also known as Shiites, many of whom have been detained in prison since 2015 have been acquitted after being arraigned before Justice Hajaratu Gwada of Kaduna High Court. 
 
Justice Gwada who ruled on the case in which some of the IMN members were charged with  culpable homicide punishable with death, criminal conspiracy and disturbance of peace on Friday February 21, said the Kaduna State Government failed to failed to prove their case beyond reasonable doubt. 
 
Speaking to newsmen after the Kaduna High Court Judge granted a no- case submission, IMN's counsel, Barrister Maxwell Kyon stated that some of his clients lost their children, wives, admission in tertiary institution while in custody. He averred that the state government must take care of their rehabilitation. 
 
Kyon said; 
 

“The government should engage with us and come out with a figure as compensation for those whose four years in detention at the Correctional Centre has been wasted.

“The government made those people to be arrested and remanded in prison. We want government to take responsibility for the dislocation of these people for four years. Many lost their jobs, some lost admissions in tertiary institutions and I know of one whose wife left while he was in prison. 

“Each has a different loss, the government should sit with us to look at the cases individually. We want to believe government will be responsible enough without been pushed by a court order.
“They knew these people were not guilty based on evidences yet they held them in detention. We will pursue whatever case our clients ask us to do. 

“This is the last case pending. The court looked at all the 31 witnesses drawn from police and army, they tendered about 110 evidences. We were able to tell the court that there is nothing linking the suspects to the allegations against them. The court agreed with our no case submission.

“The court was told that the soldiers had already told the IPO that it was a friendly fire from them that killed the deceased, Dan Kaduna whose murder they were tried for."

[Edoman]

Kaduna government vows to appeal judgement that freed 91 Shiites






The Kaduna State Government has vowed to appeal the court judgement which freed 91 members of the Islamic Movement in Nigeria (IMN) also known as Shiites, many of whom have been detained in prison since 2015. 
 
Recall LIB reported that the IMN members who were charged with culpable homicide punishable with death, criminal conspiracy and disturbance of peace were acquitted on Friday February 21, by a Kaduna High Court which said the Kaduna State Government failed  to prove their case beyond reasonable doubt. 
 
However reacting to the court ruling, Kaduna State's attorney-general and Commissioner of Justice, Aisha Dikko said they are dissatisfied with the ruling of the court which she claimed is erroneous. 
 
The statement reads in full; 
 

The Kaduna State Government will appeal the discharge of the defendants in the State versus Mahdi Munkaila and 91 others.

This is one the cases arising from the Zaria clashes of December 2015. After calling 36 witnesses and tendering 106 exhibits, the prosecution is surprised that the court concluded that a legally admissible case had not been made.

The state is dissatisfied with the ruling of the court which is, in our view, erroneous in law, perverse and cannot be supported having regards to the evidence led before the court by the prosecution. As such, the state will be lodging an appeal at the Court of Appeal, Kaduna, as soon as the full text of the ruling of the high court and other records are compiled.

The case in KDH/KAD/40C/2016 began as a fallout of the events that began in Zaria from 12th December 2015 when members of a now proscribed group attempted to prevent the convoy of the Chief of Army Staff from passing through a public highway.

After the clashes, 90 of those arrested at the scene were handed over to the police. At the conclusion of investigations, a five count charge of Criminal Conspiracy, Culpable Homicide, Unlawful Assembly, Disturbance of Public Peace and Wrongful Restraint, under Sections 97, 221, 102, 106 and 256 of the Penal Code, was preferred against them. The matter was assigned to Hon. Justice H.T.D Gwadah of the Kaduna State High Court for trial.

A total of 36 witnesses were called by the prosecuting counsel from the office of the Attorney General & Commissioner for Justice of Kaduna State. Witnesses included senior military officers who were with the Chief of Army Staff at the scene of the crime, Senior Police Officers, a Consultant Pathologist, Ballisticians and Victims of the crime.

In the same vein, 106 exhibits were tendered by the prosecution during the trial. At the close of the prosecution case, the defence team made a no case submission, arguing that the prosecution had not made out a case to warrant the accused persons to defend themselves.

It is a matter of utmost surprise that in its ruling today, 21st February 2020, the court held that the evidence the prosecution led is not legally admissible and discharged the defendants.This is notwithstanding the fact that Senior Military Officers and Senior Police Officers testified, and that exhibits were tendered and legally admitted by the court.

Obeisance to the rule of law compels us to challenge this conclusion at the Court of Appeal.

Signed
Aisha Dikko
Attorney-General & Commissioner of Justice