He said the state government cannot arraign someone for a crime that was not an offence at the time.
Kaduna State Governornment has filed fresh charges against the leader of the Islamic Movement in Nigeria (IMN), Sheikh Ibraheem El-Zakzaky following his acquittal and discharge a state high court.
Justice Gideon Kurada on Wednesday ordered the discharge of El-Zakzaky and his wife, Zeenat, after they were acquitted of all charges against them.
Kurada found that the charges were filed against the couple in 2018 pursuant to the Penal Law enacted by the state government in 2017 over an alleged offence committed in 2015.
He said the state government cannot arraign someone for a crime that was not an offence at the time.
But counsel for the state government, Dari Bayero, has said fresh charges have been filed against the Shiites leader under the Treason and Treasonable Offences Act before a Federal High Court, Daily Post reports.
He also said the Nasir El-Rufai-led Kaduna State government would appeal the case.
He said, “We are going to appeal, there is no doubt about it; in fact, we have obtained the court judgment because we are not in agreement with my Lord’s reasoning and conclusion, it is not in consonance with the facts on the ground."
Meanwhile, the cleric and his wife, Zeenat had been illegally detained since December 2015 before Thursday's court judgment that ordered their immediate release.