The Kaduna government had set 7 conditions, including asking the ailing Islamic group head to present a First Class emir as surety.
But according to PRNigeria, Buhari gave the clearance for the Shiites leader to proceed to get medical attention as granted by the court after considering an intelligence report on the matter.
It quoted sources as saying the National Intelligence Agency (NIA) and Department of State Services (DSS) pointedly advised the presidency on the appropriateness of obeying the order.
They also warned that meeting the conditions might take some time and cited the security implication of El-Zakzaky’s continued detention.
Other factors considered were the concerns raised by several foreign countries which had sent appeals to the Nigerian government to properly manage the issue, especially when El-Zakzaky’s health was deteriorating with his followers going on rampage.
Eventually, diplomacy and security advice prevailed as El-Zakzaky and his wife, Zeenat, traveled out of Nigeria Monday evening.
They left Abuja to India at about 6:30 pm Nigerian time via Emirates Airline, accompanied by security personnel and close family members.
DAILY POST recalls that in reaction to the court ruling granting the IMN leader and his wife permission to travel, the El-Rufai government listed the following conditions released by Commissioner for Internal Security, Samuel Aruwan:
“The Kaduna State Government has filed at the Kaduna High Court terms for strict supervision of the medical leave, as follows:
1. The Ministry of Foreign Affairs of the Federal Republic of Nigeria shall confirm the appointments of the defendants/applicants with the Medanta Hospital, India, and undertake all necessary diplomatic arrangements and protocols to ensure compliance with the conditions of the medical leave.
2. Each of the defendants/applicants shall undertake to return to Nigeria to continue their trial as soon as they are discharged from the hospital, and shall also be responsible for the cost of their travel, treatment and living expenses while on their medical leave.
3. Each of the defendants/applicants shall produce two prominent and reliable persons as sureties, one being a first class chief/emir of national repute and the other a prominent person within Kaduna State who shall undertake to produce the defendants whenever they are needed. The sureties must also produce evidence of landed property within Kaduna State.
4. The Federal Government of Nigeria shall obtain from the Government of India an irrevocable guarantee that it will not entertain any application by the defendants/applicants or any third party seeking asylum under any guise or conferring the status of political prisoners or any other status aside from being medical patients on the defendants/applicants and shall also restrain the defendants/applicants from any act inimical to the corporate existence of Nigeria.
5. Each of the defendants/applicants shall undertake in writing, endorsed by their Counsel, that while on medical treatment in India, they shall do nothing to jeopardize the ongoing trial, the peace and security of Nigeria and the laws of the Republic of India in whatever form.
6. Security agents of the Federal Government of Nigeria shall escort the defendants/applicants and remain with them throughout the duration of their treatment in India and thereafter shall return with them after their discharge from the hospital.
7. The Nigerian High Commission in India shall undertake prior vetting and grant consent before any visitor has access to the defendants/applicants while in the Republic of India.”
In his response, legal luminary, Femi Falana lambasted the El-Rufai administration.
The lawyer to the IMN leader, in a statement said: “I thought that the Kaduna State government had planned to appeal against the order of the Honourable Darius Khobo granting leave to the El-Zakzakys to travel to India for urgent medical treatment under the supervision of the government.
“I hope that the plan to pursue an appeal in the case has been shelved as the Court of Appeal has ruled that you cannot stay the execution of orders of this nature. That remains the position of the law as espoused in the case of Mowarin v Nigerian Army, which was decided under a military dictatorship in the country.
“The so-called agreement is totally alien to the penal code and the administration of criminal justice law of Kaduna State. Hence, the agreement is not brought under any substantive or adjectival law.
“My colleagues in the Ministry of Justice are not unaware of the position of the law that an agreement cannot vary or modify the order of a competent court. It is unfortunate that some highly placed public officers are so hell bent on abrogating the fundamental rights which have been fought for and won by Nigerians, even under the British colonial regime.
“For instance, the Prison Ordinance was amended in 1917 to allow the family members or friends of prison inmates to remove them from prison and take them out for medical treatment, if the prison facilities could not cater for any terminal illness. That provision has been incorporated in Regulation 12 made pursuant to the Prisons Act.
“In this instant case, the court did not release the El-Zakzakys to their family members but that they should be treated in a foreign hospital under the supervision of the government.
“Since the Department of Service Services (DSS), which has the custody of the El-Zakzakys, has announced on behalf of the Federal Government that the court order would be obeyed, the so-called terms of “agreements” of the Kaduna State government should be ignored because it is the height of provocative contempt.”
What Buhari told lawmakers in Katsina
Receiving the leadership of the State House of Assembly led by the Speaker, Tasiu Musa Maigari, Buhari said the essence of contesting elections was to serve the people, and political actors must always remain loyal, dedicated and focused on delivering on their promises.
“Having been chosen by your people to lead, you must ensure that you remain trustworthy. Ensure fairness at all times.
“Leadership at home, community or national level is a heavy responsibility. And it must be discharged with fairness, firmness and justice,’ the President said.
He urged the lawmakers to be selfless, visionary and committed to meeting the needs of the electorate while minding their constitutional responsibilities.
In his remark, the Speaker thanked the President for providing leadership at the national level, and setting a standard on integrity and forthrightness for others to emulate.
Maigari assured the President that the Katsina House of Assembly will continue to support his policies, and ensure a trickling down in the state to favour their various constituencies.
El-Zakzaky: Tight security in Abuja amid IMN leader’s return from India
A detachment of security personnel were sighted patrolling the Nigeria capital city, even as there is a visible presence of Police, Army, Civil Defence Corps personnel as well as those in mufti believed to be men of the Department of State Services (DSS).
DAILY POST correspondent was also in Wuse II Abuja at noon on Friday, where hefty-looking police officers were seen in clusters fully armed for any eventualities around Banex Plaza which is a commercial nerve centre of the capital city.
A Police officer, who spoke with DAILY POST but declined to disclose his name, said, “Banex Plaza has been a flash-point of Shiites protesters”, adding that the IMN has been proscribed and they shouldn’t be any protest in that name.
“We read in the media of the Islamic Movement of Nigeria (IMN) otherwise known as Shiites accusing the government of Nigeria of their leader’s sudden return to Nigeria from India,” he told this newspaper under anonymity.
In a statement made available to AREWA.NG, in Abuja by the IMN spokesman, Ibrahim Musa on Thursday, the group accused the federal government of Nigeria of complicity in the treatment of the controversial Shi’a leader at the India hospital he was granted leave by the court to go for treatment.
Part of the statement read: “The impasse was sequel to refusal of the Sheikh to succumb to imposition of Medical treatment by the Nigerian security forces in collaboration with their Indian colleagues.
“The Nigerian government’s interference and scuttling of the whole process rather than supervision as ordered by the court is the direct cause of the impasse.
“The government never wanted the medical leave in the first place, and did whatever to stop it by all means possible.
“The Islamic Movement is completely not happy with the latest development, and we strongly believe any peace loving person in Nigeria feels the same.
“The government left no one in doubt that it never wanted the Sheikh to go for the medical treatment in the first place.
“They opposed the application in court. When the order went against them, they indicated their desire to appeal against it.
“When that wasn’t going to stop the journey, they attempted to prevent it via introduction of stringent conditions that were not put in place by the court.
“Having failed to stop using all these methods, they exploited the clear direction to “supervise” and went ahead to obstruct the medical treatment in New Delhi, India.
“Why would the Sheikh trust a government that killed thousands of his supporters including his sons, shot him and his wife and further exposed them to heavy metal poisoning?
“We pray to almighty Allah to continue to protect him from the enemies of peace, who were behind the Zaria genocide of December, 2015 and the subsequent extreme persecution and torture he is being subjected to.
Police speak on Inspector’s alleged insult of Buhari, Osinbajo, IGP
A statement released and made available to DAILY POST by the Command’s Public Relations Officer, ASP Abdulmalik Abdulhadeez stated that the write up was meant to deceive and misinform the public.
“The write-up is apparently intend as to deceive or misinform the general public including members of the Nigeria Police Force especially the visiting Police Mobile Force Units in Special Duty in the North East.
“It is evidently clear that the said Inspector (Sunday U. Japhet) wanted to incite the visiting units to mutiny against a constitutional authority”, ASP Abdulhafeez said.
The Command via the PPRO described part of Japhet’s post as a baseless lies that the police high command deposited the allowance of the personnel in some secret accounts in order to share the acquire interest.
“It is on record that, the Federal Government is operating Treasury Single Account (TSA) that made it impossible to divert any fund.
“Furthermore, all payments are directly paid into the Private Bank Account of all personnel from the office of the Accountant General of the Federation”, Abdulhafeez explained.
The Command’s spokesman added that the Inspector General of Police has been working assiduously to ensure the timely payment of allowances of personnel nationwide.
Inspector Japhet is a mobile force from 8 Squadron, Jos, and he was on special duty serving in Dapchi, Bursari local government area of Yobe state.
AREWA.NG, had reported that Yobe State Police Command had arrested Inspector Sunday U. Japhet for allegedly posting disrespectful comments against President Buhari, Vice President Osinbajo and Inspector General of Police Adamu via his Facebook page.
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