Human rights lawyer, Femi Falana (SAN), on Wednesday urged President Muhammadu Buhari, to ensure that the Chief of Army Staff, Lt.-Gen. Tukur Buratai, and other soldiers who took part in the violent attack and arson in Zaria in which scores of members Shi’ite movement were killed, were prosecuted.
Falana in a statement titled, ‘Armed soldiers who attacked Sheik Ibrahim El-Zakzaki should be prosecuted’, also called on the Inspector-General of Police, Solomon Arase, to allow detainees arrested with respect to the December 13 clash between the army and the Shi’ites have access to their family members, doctors and lawyers.
He reminded the police and army authorities that in the 1996 case between Chief Gani Fawehinmi and Gen. Sani Abacha, the Court of Appeal had ordered the Attorney-General of Federation, Inspector-General of Police and the operatives of the Department of State Services to allow the late Fawehinmi’s wife and personal physicians to have access to him in prison”at all reasonable times”.
Falana said, “It is pertinent to remind the Army and Police Authorities that even under a repressive military junta the right of access to detainees was fought and won in Nigeria.
“Thus, in Chief Gani Fawehinmi v. General Sani Abacha (1996) 5 NWLR (PT 447) 198 at 202 the Court of Appeal ordered the Attorney-General of Federation, Inspector-General of Police and the operatives of the State Security Services to allow the wife and personal physicians of the appellant, a political detainee, to have access to him in prison custody “at all reasonable times”.
“In requesting the Inspector-General of Police to allow access to the detainees his attention ought to be drawn to Section 14(2) of the Administration of Criminal Justice Act which provides as follows:
“A person who has the custody of an arrested suspect shall give the suspect reasonable facilities for obtaining legal advice, access to communication for taking steps to furnish bail, and otherwise making arrangements for his defence or release.”
“In the light of the foregoing, we urge the Police Boss to allow the detainees access to their family members, personal physicians and legal practitioners at all reasonable times. Having undertaken to end impunity in the country, President Buhari should ensure that the Chief of Army Staff and all the soldiers who took part in the violent attack and arson in Zaria are brought to book without any further delay.”
Falana said the army authorities had refused to release the bodies of “those who were massacred” to their families for burial “while the personal physicians of the injured ones and their family members have been denied access to them”.
He added, “Without allowing any consultation with legal practitioners, about three hundred members of the Shi’ite movement have been taken to a Magistrate Court within the last 48 hours on the basis of First Information Reports.
“The suspects were refused bail by the Magistrate who ordered that they be remanded in prison custody. The leader of the group, Sheik Ibrahim El-Zakzaki and his wife who were also shot by the blood thirty goons were taken away and dumped them in a military custody.
“Up till now, their whereabouts are unknown. Although Sheik El-Zakzaki is reported to have been transferred from a military custody to a police station he has been denied access to his personal physicians and lawyers.”
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