The Kaduna State High Court in Kaduna had granted leader of te Islamic Movement of Nigeria (IMN), Sheik Ibraheem el-Zakzaky, and his wife, permission to travel to India for medical treatment.
Justice Darius Khobo granted El-Zakzaky’s medical application at his bail hearing on Monday, but said that the Shiite leader and his wife must travel with state officials and must return immediately they are certified fit for their trial to resume.
No time frame was given as to how long they will stay in India and no date has been fixed for the trip
Reacting to the ruling, counsel to the Kaduna State government, Dari Bayero, said the prosecution team would go back and study the judgement to see if there were grounds for appeal.
Clarifying the ruling of the court, counsel to the El-Zakzakys, Mr Femi Falana, said the judgement is just to grant the IMN leader and his wife leave to seek medical attention abroad and not an outright bail
Mr Falana, a human rights activist and Senior Advocate of Nigeria, filed the application on behalf of his clients on July 18.
At an earlier hearing on Monday last week, the senior lawyer told Justice Khobo that his clients were not in court due to their bad health condition.
He said the health condition of his clients was getting worse by the day, adding that only a foreign medical treatment was required to stabilise them to enable them face the main trial.
But Mr Bayero opposed the application, saying El-Zakzaky’s medical condition could be treated in the country.
He informed the court that there was no need to release the Shiites’ leader on bail to travel abroad.
El-Zakzaky and his wife are facing an eight-count of culpable homicide, unlawful assembly, disturbance of public peace.
The charges were filed against them by the Kaduna State Government and the duo were first arraigned in May 2018.