El-Zakzaky whose health had been rapidly deteriorating since his detention in December 2015 after he was arrested by the Nigeria Army, is seeking to quash the government’s charges against him.
The IMN leader and his wife are being prosecuted by the Kaduna State Government on an eight-count charge bordering on alleged culpable homicide, unlawful assembly and disruption of the public peace.
Marshall Abubakar holding brief for foremost rights lawyer, Femi Falana, had on August 7 asked the court to dismiss the charges against El-Zakzaky and Zeenat.
He said the government had failed to “disclose an offence known to law contrary to Section 36 (8) and (12) of the 1999 constitution as amended” against his clients.
Delivering a ruling on the submission on Tuesday, Justice Gideon Kudara held that the application was premature and contravenes the Kaduna State administration of criminal justice.
He said a no-case application should be submitted after the accessed parties had taken their pleas and after the hearing of the matter had ended.
El-Zakzaky and his wife pleaded not guilty when the eight-count charge was read to them.
Justice Kudara adjoured the matter until November 18 and 19, 2020 for continuation of trial and to enable the prosecution counsel to present witnesses before the court.
(SaharaReporters)
