A Kaduna state high court has dismissed a no-case submission filed by Ibrahim El-Zakzaky, leader of the Islamic Movement in Nigeria (IMN), and his wife Zeenat.
El-Zakzaky and his wife have been in detention since December 2015, following clashes between members of the IMN and the Nigerian army.
They are being prosecuted by the Kaduna state government on an eight-count charge bordering on alleged culpable homicide, unlawful assembly and disruption of the public peace.
On August 7, the defendants through their lawyer, Marshall Abubakar who represented Femi Falana, the lead counsel, asked the court to quash the case against them.
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Abubakar submitted that the Kaduna state government has failed to “disclose an offence known to law contrary to Section 36 (8) and (12) of the 1999 constitution as amended” against his clients.
However, delivering ruling on Tuesday, Gideon Kurada, the presiding judge, dismissed the no-case application.
Kurada held that the application is premature in view of the clear provisions of the Kaduna state administration of criminal justice.
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The judge also noted that ruling on a no-case application should come after the accused persons might have taken their plea and after hearing on the whole matter is concluded.
The IMN leader and his wife pleaded not guilty when the charges were read to them.
The case has been adjourned till November 18 and 19, 2020, for continuation of trial and to enable the prosecution counsel to present his witnesses before the court.
Speaking with journalists after court proceedings, Dari Bayero, prosecution counsel, said about 20 witnesses, including officers of the Nigerian army and the police force, will be called to give evidence.
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