The Kaduna state government has appealed the judgement of the Kaduna High Court that sets nearly 100 members of the Islamic Movement in Nigeria free and acquitted them some months ago.
It will be recalled that the Kaduna State High Court presided by Justice Nyoms, sitting in Kaduna had on July 31st, 2018 upheld the “No case submission” in respect of an alleged culpable homicide against some members of the Islamic Movement in Nigeria arrested since December, 2015 following the brutal massacre of members of the Movement and therefore discharged and acquitted them.
This latest development means that the Islamic Movement will get back in court to defend its hard won victory.
Some observers believe that the appeal by the government is to foreclose premature termination of the case the government is currently pursuing against the leader of the Islamic Movement, Sheikh Ibraheem Zakzaky and his wife Malama Zeenatu Ibraheem, for aiding and abetting culpable homicide, the crime the discharged members were alleged to have committed before they were acquitted.
A similar case involving the rest of those arrested since December 2015 is currently ongoing at a different High Court, presided by Justice Gwada. During the last sitting in that case, the key prosecution witness had sought to change his testimony that nailed the case against them that he was told that Corporal Dan Kaduna, the alleged victim of the culpable homicide, was actually killed by “friendly fire.” However, he was reminded of what he had said under oath at the time and so could not change anything.
The government had hoped that this second court could assist their case, especially as their case against Sheikh Zakzaky and his spouse is hinged on this.
The dwindling prospect of getting anything favourable in that necessitated the appeal.
The appeal comes up for hearing on the 28th February, 2019 at the Court of Appeal, Kaduna.