Islamic Movement asks court to commit IGP, National Hospital CMD to prison over alleged refusal to obey order

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The Islamic Movement, on Monday, said it has applied for an order for committal of Inspector General of Police, Usman Alkali Baba, to prison for his alleged refusal to obey an Abuja Federal High Court (FHC) order, directing the release of the corpses of Free-Zakzaky protesters killed by the men of the Nigerian police on 22nd July 2019 at the Federal Secretariat, Abuja. 

Halima Aliyu, who addressed the media on behalf of the Academic Forum of the Islamic Movement, under the leadership of Sheikh Ibraheem Ya’qoub El-Zakzaky (H), said the Islamic group has also filed Form 49 against Chief Medical Director (CMD) of the National Hospital Abuja, Dr Jafaru Momoh, over alleged refusal to release the corpses.

“Both the IGP and the CMD are expected to appear before Justice J. K. Omotosho of Court 7, Federal High Court, Maitama Abuja on Wednesday 5th October, 2022,” she said. 

Form 49, Aliyu said, is an application for contempt proceedings following a disobedience to court order by a party in a suit.

“The content of Form 49, signed by the Registrar of the Federal High Court states in part, take note that the applicant applied for an order for your committal to Correctional Centre having disobeyed the order of this court made on the 29th June, 2020. 

“As written in the form and hearing notice served to the IGP and the CMD, the court informed them  that take further notice that you are hereby required to attend Court on Wednesday 5th October, 2022 by 9:00am. 

“The public may recall that on Monday, 22nd July, 2019, police officers attacked a free-Zakzaky protest and opened fire on the protesters which led to the killing of 12 protesters; 1 unknown person, a Deputy Commissioner of Police and a Journalist with Channels TV.

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“After the incident, the police evacuated corpses of the slain protesters, deposited 4 at National Hospital and 2 at Asokoro District Hospital and  some of the protesters were able to take away other 6 of those brutally killed instantly.

‘The police arrested many protesters and detained them at SARS facilities with neither medication nor feeding.

“While languishing in custody, 3 protesters eventually died, and again the corpses were moved to Asokoro District Hospital, making it 5 thereat. 

Up until this moment, there are 4 corpses of protesters at National Hospital Abuja and 5 at Asokoro District Hospital. 

“All efforts to collect the corpses proved abortive following the adamant conspiracy between the police and hospital authorities. 

“Reliable information has it that Police authorities are hiding them to avoid being exposed as killers of the Deputy Commissioner of Police and the journalist, upon whom they put aside post-mortem investigations. 

“This is aimed at shielding themselves off giving away any forensic evidence in favour of the protesters whom they unjustly accused of committing the murder.

“Consequently, due to the obstinate refusal of the police to release the corpses of our brothers, we instituted legal proceedings against both the Police and the Hospitals.

“Judgement on corpses at National Hospital, Abuja has been delivered and we are waiting for judgement on corpses at Asokoro District Hospital, Abuja.

“Unfortunately, despite a Federal High Court judgement delivered on 29th June, 2020 in our favour, up to this moment, the police have continued to withhold the corpses.

“In his judgement, Justice Taiwo O. Taiwo of the Federal High Court, Abuja declared that the killing of free-Zakzaky protesters by the agents of the Nigeria Police Force on the 22nd of July, 2019 as illegal, unlawful, null and void and amount to gross violation of their fundamental rights to life as enshrined in section 33 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

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“The Court also ordered the Inspector General of Police to pay the sum of N15,000,000 to the families of the slain protesters. Moreover, the Court ordered both the Inspector General of Police the  CMD, National Hospital Abuja, to release the corpses of the protesters. 

“The actions are quite unbecoming of public officers whose duties are to be discharged in line with extant laws and regulations of the land which include obedience to valid orders of courts of competent jurisdictions.

“Accordingly, our prayer is that the Federal High Court should declare both the Inspector General of Police the CMD, National Hospital Abuja guilty of contempt of court and sentence both of them to imprisonment,” Aliyu said.

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