El- Zakzaky: Passport Seizure Suit Against DSS, AGF To Be Heard On January 19

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According to Guardian Newspaper dated 5 November 2021, the Federal High Court in Abuja has fixed January 19, 202, 2 for the hearing of the suit filed by Ibrahim El- Zaqzaki, leader of the Islamic Movement of Nigeria (IMN), and his wife, Zina, against the Department of State Services (DSS) and the Attorney General of the Federation (AGF).

Justice Inyang Ekwo fixed Friday for the defendants in the fundamental rights enforcement suit to respond to the allegations against them.

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Newsmen report that while El- Zakzaky and his wife are the plaintiffs in the various suits, the DSS Director- General and the Attorney- General are the first and second defendants, respectively.

In the lawsuit filed on 14 October by his lawyer, Femi Falana, SAN, the IMN chief and his wife seek general and exemplary damages for the defendants’ refusal to issue his travel passport.

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In his suit, Mr El- Zakzaky asked the court to order the DSS and AGF to pay him N2 billion for allegedly violating his freedom of movement, right to be heard and property rights, even though he was acquitted and released by the court on 28 July.

He also sought a declaration that the seizure of his passport number A50578740 from May 2019 and the land border restrictions imposed on his passport ” without a court order were unlawful and unconstitutional.

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El- Zakzaky said the seizure violated his fundamental right to freedom of movement, guaranteed by Article 41 of the 1999 Constitution and Article 12 of the African Charter on Human and Peoples’ Rights.

He also asked the court to issue a permanent injunction to prevent the defendants from further violating his rights.

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Mr. El- Zakzaky asked the court to declare that the refusal of the DSS and the AGF to allow him to travel abroad for medical treatment constituted a” threat to his life.

He also asked the court to declare that the restrictions violated his right to a fair trial.

She claimed that during her detention she suffered lead poisoning, during which 244 lead pellets entered her, and that her husband was shot during the raid.

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In her lawsuit, his wife, Malama Zeenah, also asked the court to order the DSS and AGF to pay her N2 billion for allegedly violating her freedom of movement, her right to be heard and her property rights, despite being acquitted and released by the court on 28 July.

When the case was called for hearing, the plaintiffs’ lawyer, Marshall Abubakar, who represented Falana, said all the defendants had been duly served.

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Newsmen report that while the AGF was represented by Oyin Koleoso, counsel to the DSS did not appear.

Abubakar then told the court that the first respondent (DSS) had been served with the proceedings and notice of hearing.

He said the matter was ready for hearing.

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But the judge said, ” When the court is satisfied that the parties have filed their claims and the issues have been joined, the court will fix a date for hearing. ”

Justice Ekwo, who said he intended to adjourn the case to enable the defendants to put their house in order, fixed January 19, 202, 2 for the hearing of the suit.

He also ordered the plaintiffs to ensure that the defendants were served with notices of hearing.

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Source: Mcebiscoo.com

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