Sheikh Ibraheem El-ZakZaky

There is confusion about the state of Sheikh Ibraheem El-Zakzaky, the leader of the Islamic Movement of Nigeria, better known as the Shiites.

On Tuesday, the lead lawyer to the movement, Mr Festus Okoye reported that the Directorate of State Services has not allowed him and members of the movement access to El Zakzaky. In  frustration, he announced his withdrawal and that of IMN from the  Judicial Commission of Inquiry investigating the clash between the Nigerian Army and members of the Islamic Movement in Nigeria (IMN).

Said Okoye: “The legal team has resolved that in the light of the realities of lack of access, briefing and representation for the Movement, the most honourable thing to do is to withdraw completely from appearance before the Commission in whatever form and manner and to cease any form of representation in whatever form or manner for the Movement. The legal team thought it could lend its support to the Movement to tell the Nigerian public and the international community its own version of the events of the 12th to 14th of December 2015 but all efforts aimed at getting proper briefing from the leader of the Islamic Movement in Nigeria met a brick wall.”

Okoye said that the legal team of the Islamic Movement in Nigeria will not be used and will not allow itself to be used to legitimise a predetermined position and agenda against the leader of the Shiites. He added that the Islamic Movement in Nigeria “believes that the Nigerian people are entitled to know the truth of what happened in Zaria and Kaduna and will explore alternative means and avenues of letting the Nigerian people know the truth of what happened.”

But in a dramatic twist, another lawyer,   Yusuf Ali, the commission’s lead counsel told the commission on Wednesday  that he was able to see the IMN leader  and that he has agreed to participate in the inquiry.

Femi Falana

Ali told the Commission that the Department of State Services (DSS) had granted him access to the IMN leader Ibraheem El-Zakzaky on Tuesday in Abuja.

“We saw the leader of the IMN and his wife in the DSS custody.“

Ali, a senior advocate, however acknowledged that the lawyers to  the IMN were  not present during the meeting with their leader.

“Yesterday’s meeting was aborted because non of the counsel to the defendant was in Abuja to proceed on the plan meeting with the DSS,“ Ali said.

According to Ali, Mr Femi Falana, lawyer to el Zakzaky has expressed surprise about Okoye’s withdrawal from the case. Ali  told the panel that the DSS had agreed to allow the defence counsel led by Femi Falana (SAN) to meet with El-Zakzaky on Tuesday, March 29.

“He appeared not be aware of the development at the commission but expressed his desire to meet his team of lawyers,“ Ali said.

“I sent Falana SMS on the morning of Wednesday, March 23, we later spoke and he said was on a trip to South Africa but he will be available next week to meet with the D-G, DSS and gain access to his client, El-Zakzaky.”

“I therefore pray for adjournment to 6th April to allow time for the defence counsel to meet with their client then appear and submit their memo to the commission.“

The panel had adjourned on Monday, March 21 to Wednesday March 23, following assurances from DSS that the defence counsel would gain access to their client by 12 noon on Monda

Following Ali’s submission, the commission sitting in Kaduna again adjourned till 6 April  to allow the movement submit its memorandum to commence proper public hearing.