The members of the Islamic Movement of Nigeria (IMN) have taken the
Federal Government to court over the proscription of their group, saying
the action is a violation of their constitutional rights to worship and
freedom of association.The decision came on the heels of a Kaduna High
Court ruling, which on Monday granted leave to IMN Leader Sheikh Ibrahim
El-Zakzaky and his wife, Zeenah, to travel to India for medical
treatment.
The duo has been in the custody of the Department of State Services
since 2015, following a clash in Zaria, Kaduna State, between the sect
and the Nigerian Army.In a motion on notice filed by the group at the
Abuja Federal High Court, the applicant wants an order setting aside,
discharging or vacating the ex parte order of the court made on July 26,
2019, which gave the government power to proscribe the sect.
In the case (No: FHC/ABJ/CS/876/2019) between IMN and the Attorney
General of the Federation (AGF) as respondent, the Islamic group sought
to quash the order “of this honorable court restraining any person or
group of persons from participating in any manner whatsoever in any form
of activities involving or concerning the prosecution of the collective
intention or otherwise of the respondent/applicant under any other name
or platform howsoever called or described in any part of Nigeria.”
The Shiites group contended that the order was made without jurisdiction
and also made against a non-juristic body. It pointed out that the
court, pursuant to an ex parte application brought by the
applicant/respondent, made an order, inter alia, “proscribing the
existence and activities of the respondent/applicant in any part of
Nigeria under whatever form, either in groups or as individuals by
whatever names they are called or referred to without affording the
respondent/applicant the right of fair hearing.”
The lead counsel to El-Zakzaky and a Senior Advocate of Nigeria (SAN),
Femi Falana, noted: “The said order of the honorable court breached the
fundamental right of all members of the respondent/applicant to fair
hearing guaranteed by Section 36 of the 1999 Constitution (as amended)
and Article 7 of the African Charter on Human and Peoples Rights
(Ratification and Enforcement) Act, Laws of the Federation, 2004, in
that no fair hearing was granted the applicant/respondent before the
order was made.
“The order ex parte granted by this honourable court has violated the
fundamental right of members of the respondent to freedom of thought,
conscience and religion guaranteed by Section 38 of the Constitution of
the Federal Republic of Nigeria, 1999 (as amended).“The order ex parte
granted by this honourable court has breached the fundamental right of
the members of the respondent to freedom of assembly and association
guaranteed by Section of the Constitution of the Federal Republic of
Nigeria, 1999 (as amended).”
According to him, “The court did not grant the declaration that the
activities of the respondent in any part of Nigeria amount to acts of
terrorism and illegality. There was no urgency warranting the granting
of the order ex parte. No motion on notice was filed together with the
motion ex parte. The ex parte order made by the honorable court has
determined the fundamental right of the respondent/applicant without
affording it fair hearing.
“No undertaking was made as to damages. The order ex parte was anchored
on misrepresentation of material facts and based on suppression of
material facts. The order ex parte constitutes a gross abuse of the
process of this honorable court.”
A supporting affidavit disposed to by one Haruna Garba Magashi, said: “I
am a legal practitioner and a Shiite practising Muslim in Nigeria under
the leadership and guidance of Sheikh Ibrahim El-Zakzaky. The
respondent/applicant was never afforded the opportunity to defend the
allegation made against it by the applicant/respondent before the ex
parte order was made, contrary to the provision of Section 36 of the
1999 Constitution (as amended) and Article 7 of the African Charter on
Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the
Federation, 2004.”
Magashi pointed out that “the activities of the members of the
respondent are non-violent but peaceful and they have been in existence
since the 1970s in Nigeria as a Muslim body.” He said: “Contrary to the
depositions of the applicant/respondent in their affidavit in support of
the motion ex parte, it is the Federal Government of Nigeria and its
security agencies that have at all times provoked the
respondent/applicant, violently attacking them and destroying their
properties and killing innocent members across the states in Nigeria.
“This unwarranted attack was taken to a new height in December 2015
while the members were celebrating the beginning of Maulud, which is the
birthday anniversary of the Holy Prophet Muhammad, when the Nigerian
Army led by its Chief of Army Staff, Lt. General Tukur Buratai, launched
a vicious attack on peaceful worshippers of our members gathered at
Husainiyya Baquiyyatullah, our worship centre at No 1A Sokoto Road,
Zaria, Kaduna State.
“In the said attack, properties worth millions of naira were destroyed
and several armless and defenseless worshippers numbering over 1,000
including men, women and children, the aged and people with disabilities
were killed.”
Describing Shiites as peaceful and non-violent, Magashi said: “Members
of the respondent/applicant are very peaceful and law-abiding citizens
of Nigeria who have at all times resorted to the practical application
of the rule of law to challenge the atrocities of security agencies
against members of the respondent/applicant and have won several court
cases against the applicant/respondent as against their deposition in
the affidavit in support of their ex parte application which they relied
on to mislead this honourable court into granting the said ex parte
order.”
He added: “The members are a set of religious worshippers whose right to
worship has been violated by the order of court herein. The members of
the respondent/applicant are Nigerian citizens whose fundamental right
to peaceful assembly, religious worship and right to peaceful procession
is guaranteed under the 1999 Constitution of Nigeria and under the
African Charter on Human and Peoples Rights (Ratification and
Enforcement) Act, 2004.
“Unless the order by this honourable court made on the 26th of July 2019
proscribing the activities of the respondent/applicant is set aside or
discharged in its entirety, the respondent/applicant members’ rights to
freedom of worship, procession and peaceful assembly, as Shiite Muslim
practitioners in Nigeria, will be completely eroded.“The
applicant/respondent will not be prejudiced in any way should this
honourable court grant this application seeking to set aside the orders
made on the 26th of July 2019 against the respondent/applicant.”
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