By ISMAIL OMIPIDAN

The decision by the Abuja Federal High Court, presided over by Justice Gabriel Kolawole, ordering the immediate release of the detained leader of Shiites group in Nigeria, Sheikh Ibrahim El-Zakzaky, did not come to many as a surprise.

There are however strong indications that the Department of States Security, DSS, may not release El-Zakzaky from detention, any time soon.

The trial judge had at the last adjourned date, given an indication to the effect, when he advised the minister of Justice and Attorney-General of the Federation, AGF, Abubakar Malami, to find a way of resolving the matter, failing which, he would be forced to deliver his verdict.

Saturday Sun authoritatively gathered that, throughout the period of the adjournment, there was no move from the Office of the AGF, towards amicable resolution of the matter, thus compelling the trial Judge, to deliver his verdict yesterday.

While citing the death of former leader of the Boko Haram, Mohammed Yusuf, the judge said; “If the applicant dies in custody which I do not pray for, it could result in many needless deaths”.

To this end, Justice Kolawole, ordered the government to release, within 45 days, the applicant and his family to the police, who shall within 24 hours, take them, guarded by escort, to a safe place.

Why he may not be released

Although, the DSS is yet to file any charge against him, Saturday Sun gathered that a charge may be filed against him, within the 45 days window given by the court, within which he should be released. Besides, in the country’s recent history, the DSS has never been known to obey court orders in that regard. Leading persons who had been granted bail by the court, but which DSS refused to let go include: Col. Sambo Dasuki (rtd), Nnamdi Kanu and retired Air Commodore Umar Mohammed, among others.

Apart from DSS’ penchant for disobeying court orders, Saturday Sun further gathered that, like Kanu, leader of the Indigeneous People of Biafra, IPOB, El-Zakzaky, is considered in government quarters, as posing a threat, to the sovereignty of Nigeria.

El-Rufai justifies need to keep him out of circulation

Only last Sunday, Governor Nasir Ahmed El-Rufai of Kaduna State, reinforced the position.

Speaking to a select group of Journalists at the Government House, in Kaduna, El-Rufai, expressed worry that if the El-Zakzaky-led group was allowed to exist, it was capable of threatening the corporate existence of Nigeria, insisting that the group has an agenda to cause a religious conflict in Nigeria for political relevance.

Explaining why the group was outlawed by the State government, El-Rufai, said “the IMN does not recognise the constitution of Nigeria, they do not recognise Buhari as President of Nigeria, they do not recognise me as governor of Kaduna State because they have their own governor in Tudun-Wada. I think he was killed during the clash.

“They have their para military wing; they call them ‘Horras’. They train them in violation of our laws. They do not accept that any law in Nigeria applies to them. They block public high ways, they occupy schools when they are doing their processions and they feel that to practice their religion, they have to infringe on the right of others. That is completely wrong!

“In the next few days, we are going to publish the White Paper on the report of the Commission of Inquiry. We have taken decisions to accept some of the recommendations and reject some of them. This IMN is a serious threat to Nigeria’s sovereignty and stability. We have taken certain measures that have curtailed some of their excesses,” El-Rufai, had said.

Counsel to El-Zakzaky Reacts

Reacting to the judgment, one of the Counsels to the group, Barrister Festus Okoye, told Saturday Sun that he was confident that the government would obey the court order.

“Well, I think the judgment was well reasoned. The trial judge advised the government to find a way of deescalating the rising tension between it and the members of the IMN. I believe that the court has given the government ample room, for it not to disobey the order. That was why it gave 45 days.

“Don’t forget that they have held him all the while without filing any criminal charge against him. All they are saying is that they are holding him because they have intelligence report that some persons want to arm him. The court has also asked that a house be provided for him and his family, either in Zaria or Kaduna or any part of the north of his choice,  since his house has been demolished,

“But if they fail to obey the court order, I think the court records will give us the opportunity for the right cause of action to be taken.

Speaking on the purported proscription of the group by the Kaduna State government, Okoye told Saturday Sun that the leader of the group, El-Zakzaky, has given the legal team a nod to challenge the alleged proscription.

He further said: “the constitution of Nigeria is very explicit and section 38 says every person, shall be entitled to freedom of thought, conscience and religion including freedom to change his religion or belief. You can be Christian in the morning, Muslim in the afternoon and pagan in the evening. Freedom either alone or in the community with others and in public or in private to manifest and propagate his religion or belief in worship, teaching, practice and observance. The point is that, if your religion says every morning you have to come and worship the tree, it is your own religion. Nobody has the right to question it. If your religion says every month, you should trek from Kaduna to Zaria, so be it.

So, it is illegal and unconstitutional to ban a movement on the ground that the movement is violent, keep its leader in custody and refuse to let him come and tell you what the movement he leads is all about.”