By KATO P. LADAN, Kaduna
The Islamic Movement, under the leadership of Sheikh Ibraheem Zakzaky has once again secured an important victory when on the 24th July, 2020, the Kaduna State High Court of Justice presided over by Her Lordship Hon. Justice M.L. Mohammed discharged 12 members who were alleged to have committed Criminal offences of Criminal Conspiracy, Unlawful Society, Unlawful Assembly, being members of Unlawful society.
The arrests and subsequent charges followed a declaration by the Kaduna State Governor Nasir el-Rufai that the Islamic Movement in Nigeria is proscribed as an unlawful society in October, 2016. Even though he had no legal Authority to do so.
The Honourable court upon finding merit in the No case submission argued by their Learned counsel M.B. Yusuf Esq. has on a well considered ruling held thus; “On the whole and from all the evidence adduced before this court in this case, this court finds and so hold that prosecution has not established a prima facie case of belonging to an unlawful society, unlawful assembly, being members of unlawful society and disturbing public peace against the defendants to warrant calling upon them to enter their defence.
“No-Case-Submission made on behalf of the defendants is hereby upheld and the defendants are hereby discharged and acquitted accordingly.”
It will be recalled that the defendants were arraigned on a four count charged of offences punishable under Sections 97, 97B, 104 and 114 of the Penal Code in suit No. KDH/KAD/113C/2016 and the prosecution presented nine (9) witnesses and various exhibits were tendered.
The defendants’ Learned counsel upon the close of the prosecution case sought the leave of the court to file a written address on a no case submission upon which the court discharged and acquitted the defendants.