The detained leader of Islamic Movement in Nigeria, also known as the Shi’ite sect, Sheikh Ibraheem El-Zakzaky, and his wife, Zeenat, yesterday approached a Federal High Court sitting in Abuja for in an order to commit to prison the Director General of the Department of State Service, Lawal Daura and the Attorney General of the Federation , Abubakar Malami SAN. Their request was predicated on their refusal to release them from custody as ordered by the court.
The DSS had since December 15, 2015 kept the couple in its custody.
Justice Gabriel Kolawole of the Federal High Court sitting in Abuja had on December 2, 2016 ordered the release of the couple within 45 days. The 45 days ultimatum however expired on January 17, 2017.
The couple are yet to be released. In an application filed by the couple through their counsel, Femi Falana, SAN, they brought, a ‘Notice of consequence of disobedience of order of court’, referred to as FORM 48, on January 20, 2017. Cited as contemnors are Daura, and Malami for refusing to comply with the court’s order.
It was learnt that FORM 48 was served on Malami personally last Friday. In the form served on the contemnors, they were notified that they would be guilty of contempt and be liable for imprisonment if they further failed to comply with the court’s judgment.
The applicants stated in the notice that the court had been notified of the alleged contemnors’ refusal to comply with the judgment delivered on December 2, 2017.
The Form 48 reads in part, “Take notice that unless you obey the direction contained in the order of the Federal High Court of Justice, Abuja delivered on December 2, 2016, which ordered you to release the applicants in suit number FHC/ABJ/CS/281/2016 and its sister case with suit number FHC/ABJ/ CS/281/2016 within forty (40) days, inter alia, you will be guilty of contempt and will be liable to be committed to prison.
“A copy of the said order of court earlier served on you is hereby annexed for your on-the-spot reference. “This court has been informed that even as at today, Friday, January 20, 2017, you are yet to comply with the lawful order of this honourable court by refusing to release the following persons namely: Sheikh El-Zakzaky and Zeenah Ibraheem in your custody.”