The Federal Government has said the release from custody of the leader of Islamic Movement of Nigeria (IMN) Sheikh Ibrahim El-Zakzaky can only be decided by the Kaduna State government.
Attorney-General of the Federation and Minister of Justice Abubakar Malami said the Cleric is being tried under the Kaduna State law and not under a federal law.
He said his case is different from those of Omoyele Sowore and Col.Sambo Dasuki (rtd), who were released from custody on Christmas Eve following his direction to the Directorate of State Services (DSS) to comply with the court’s ruling which granted them bail.
Malami said: “In determining the authority responsible for compliance with a court order with particular reference to bail, one must be guided by the law under which the accused person is charged and granted bail.
“On one hand, where the accused is charged under a state law, the order of the court granting bail for an accused person bail is targeted at the state authorities for compliance.
“On the other hand, where charges are framed under federal offences, the order granting bail is targeted at the federal authorities for compliance.”
El-Zakzaky and his wife Zeenat were arrested in Kaduna in 2015 after an attack on the convoy of the Chief of Army Staff, Lt.-Gen. Tukur Buratai, an act declared by the Army as an assassination attempt.
The Army raided the IMN headquarters in Zaria and killed many Shi’ites members.
Despite a court order for their release in December 2016, the IMN leaders is still in detention.