Kolawole also ordered the government to release El-Zakzaky to the police and instructed the DSS to pay the sum of N50 million to El-Zakzaky and his wife.
The judgment was given by Justice Gabriel Kolawole on Friday, December 2.
In giving his ruling, the judge rejected the argument of the Department of State Services (DSS) which said it was holding El-Zakzaky for his own protection.
“I have not been shown any incident report or any complaint lodged by residents around the neighbourhood that the applicant has become a nuisance to his neigbourhood,” Justice Kolawole said.
“If the applicant dies in custody which I do not pray for, it could result in many needless deaths,” he added.
Kolawole also ordered the government to release El-Zakzaky to the police within 45 days and instructed the DSS to pay the sum of N50 million to El-Zakzaky and his wife as compensation.
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El-Zakzaky has been in custody since December 14, 2015, after a clash between members of his group and soldiers of the Nigerian Army.
The army had accused the Shiites of attempting to assassinate Chief of Army Staff, Tukur Buratai.