The suit filed by the Shiite leader and his wife; Zeenah against the Nigeria Immigration Service suffered a setback on Wednesday as the absence of the defence counsel was noticed shortly after the matter was called for mention at a Federal High Court, Abuja, presided over by Justice Obiora Egwuatu.
The absence of counsel for the defence in court stalled proceeding in a suit filed by the leader of the Islamic Movement in Nigeria (IMN), Sheikh Ibraheem El-Zakzaky and his wife, Zeenah.
The suit filed by the Shiite leader and his wife; Zeenah against the Nigeria Immigration Service suffered a setback on Wednesday as the absence of the defence counsel was noticed shortly after the matter was called for mention at a Federal High Court, Abuja, presided over by Justice Obiora Egwuatu.
Marshal Abubakar, the lawyer representing the plaintiffs (El-Zakzaky and Zeenah) was in court, but the counsel for the NIS, Department of State Services (DSS) and National Intelligence Agency (NIA) were absent.
Abubakar, who held the brief of Femi Falana, SAN, therefore, informed Justice Egwuatu that the NIS lawyer called him on the phone earlier in the morning to apologise that he would not be able to attend the day’s sitting.
He said the lawyer sought a short adjournment.
After listening to Abubakar, Egwuatu adjourned the matter till June 1 for further mention of the substantive suit.
The NIS counsel, Jimoh Adamu had on February 14, 2022, approached the court with a motion for joinder.
Adamu prayed the court to join the DSS and NIA in the suit instituted by the leader of the IMN and his wife, Zeenah
Abubakar, however, disagreed with Adamu’s application, urging the court to dismiss it. But Egwuatu ruled in NIS’ favour.
The judge subsequently joined the DSS and NIA as 3rd and 4th defendants respectively.
The couple had sued the NIS over its refusal to reissue new passports for them.
The duo, who listed the NIS and its Comptroller General as 1st and 2nd defendants, prayed the court to enforce their fundamental rights.
In a suit marked FHC/ABJ/CS/22/2022, dated and filed by their lawyer, Falana, El-Zakzaky and Zeenah said they had the right to freedom of movement as guaranteed by the Nigerian constitution and the African Charter of Human and Peoples Right.
They prayed the court to declare that the refusal of the NIS to process their travel documents to enable them to travel abroad is illegal, unconstitutional, null and void.
El-Zakzaky and Zennah had in another N4 billion suit before Justice Inyang Ekwo of a sister court dragged the DSS and the Attorney-General of the Federation before the court over an allegation bordering on the seizure of their passports.
El-Zakzaky and Zeenah were arrested in December 2015, after the Nigerian Army extrajudicially killed over 300 followers of the Shiite cleric in Kaduna. This followed a demonstration by members of the Shiite group in Zaria, during which they allegedly blocked the convoy of the former chief of army staff, Lt. Gen. Tukur Buratai, and other road users.
The Nigerian Army accused El-Zakzaky and his followers of attempting to assassinate the military chief, an allegation the Shiite group swiftly denied.