Court declares Shiite movement a terrorist group

Shiite members have been demanding the release of their leader, Ibrahim El-Zakzaky, and his wife, Zeenah, who were arrested after a clash with the Army in Zaria.

The Federal High Court in Abuja on Friday, Friday 26, 2019, ordered the proscription of the Shiites’ movement as protests by the Islamic organisation rock Abuja.

According to Punch, Justice Nkeonye Maha issued the order in a ruling in which she also designated the activities of the Shiite organisation in any part of Nigeria “as acts of terrorism and illegality."

The court restrained “any person or group of persons” from participating in any form of activities involving or concerning the IMN “under any name or platform” in Nigeria.

The court also ordered the Attorney-General of the Federation “to publish the order proscribing the respondent (Islamic Movement in Nigeria) in the official gazette and two national dailies” to complete the process of proscribing the group.

The judge gave the order following an ex parte application by the Federal Government marked FHC/ABJ/CS/876/2019 which which was filed in the name of the Attorney-General of the Federation.

Justice Maha granted the four prayers contained in the application shortly after the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Dayo Apata, argued the application on Friday.

The IMN was the sole respondent to the application but the group was not represented by a lawyer on Friday since it was an ex parte hearing.

Ruling on the matter, the court made “a declaration that the activities of the respondent (Islamic Movement in Nigeria) in any part of Nigeria amounts to acts of terrorism and illegality.”

“An order of this honourable court proscribing the existence and activities of the respondent (Islamic Movement in Nigeria) in any part of Nigeria, under whatever form or guise either in groups or as individuals by whatever names they are called," the court said.

“An order restraining any person or group of persons from participating in any manner whatsoever in any form of activities involving or concerning the prosecution of the collective intention or otherwise of the respondent (Islamic Movement in Nigeria) under any other name or platform howsoever called or described in any part of Nigeria.

“An order directing the applicant (the AGF) to publish the order proscribing the respondent (Islamic Movement in Nigeria) in the official gazette and two national dailies.”

The Federal Government had filed the application before the court on Thursday, July 25, 2019, barely 72 hours after a protest by members of the group in Abuja led to a bloody clash between them and the Police.

The Deputy Commissioner of Police in charge of Operations, Federal Capital Territory Command, Usman Umar, and a Channels Television journalist, Precious Owolabi, died in the clash with many others injured and properties destroyed on Monday, July 22, 2019.

NYSC members carry the remains of their colleague, Mr. Precious Owolabi, who was killed on Monday during a violent confrontation between Police and the Shi’ites. His body left the the National Hospital, Abuja on Tuesday. [NAN image] Pulse Nigeria

In the application for the proscription of the group, the Federal Government accused the group of carrying out coordinated violent protests in the country.

It alleged that the “aggressive activities” of members of the group had led to the loss of lives and destruction of private and public property in the Federal Capital Territory and other cities in northern Nigeria.

The group was also accused of “nefarious activities”, murder, attacks on security agents and provocative preaching and hate speeches while working towards an agenda of creating an Islamic State in Nigeria.

The affidavit, which highlighted what it described as “series of violent and unlawful activities” of the group since 1991, stated that the activities of the IMN members under the guise of clamouring for the release of their leader had not only heightened tension and insecurity in the country but also earned the country negative rating globally.

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The affidavit stated in part, “On July 22, 2019, the respondent’s members again launched another vicious cycle of violent protests around the Federal Secretariat (Abuja), during which they set a sub-station/Ambulance Bay of the National Emergency Management Agency, containing a truck and an ambulance on fire.

A NEMA ambulance bay allegedly destroyed by the Shiite protesters. AFP

“A Deputy Commissioner of Police, Usman Umar, in charge of Operations in the FCT; a national youth corps member by the name of Precious Owolabi, reporting for Channels TV and others were killed by the protesters. (Copies of media reports by The Nation, Daily Trust, Leadership, Punch and The Sun newspapers dated July 23, 2019, on this incident are attached herewith and marked as Exhibit FGN 4A, 4B, 4C, 4D and 4E).

"The violent and aggressive activities of the members of the respondent under the guise of clamouring for the release of their leader have not only heightened tension and insecurity in the country, but it is also earning the country negative rating globally.

“Both the US and UK governments have already issued travel warnings on Nigeria on account of these violent protests which are equally deleterious to foreign investments. (A copy of the above report by The Punch newspaper is attached herewith and marked Exhibit FGN 5).”

It recalled that before the July 22, 2019 incident, the group’s members, in a violent protest on July 9, 2019, while trying to force their way into the National Assembly complex, “inflicted fatal injuries on policemen stationed at the National Assembly, shot two policemen and also injured other policemen with stones and clubs, damaged police vehicles and other vehicles belonging to visitors and staff members of the National Assembly who also sustained varying degrees of injuries.”

A Police vehicle was also damaged by the Shiite protesters Pulse Nigeria

The affidavit also stated the “nefarious activities” of the group, to include, “unauthorised blocking of public highway (especially the Zaria-Kano Highway during their processions), engagement in illegal road traffic functions, illegal roadblocks, imposition of illegal curfews and checkpoints, raids on police posts, prevention of arrest of their members, invasion of court premises to abort legal proceedings involving respondent members, refusal to submit to ordinary security checks, and attacks on security agents which led to the death of Corporal Dan Kaduna Yakubu."

It alleged that in June 2005, the group “clashed with emirate authorities in Sokoto over access to the city’s central mosque.”

It also alleged that in July 2007, the group “murdered” a Sunni cleric in Sokoto, Umar Dan Maishiya, “for being highly critical of Shiites.”

It added as part of the group’s unlawful activities that the activities of the respondent’s members in Gyallesu, Zaria and environs have been threatening the peace and security of the affected areas over the years.

Shiite followers protesting ece-auto-gen

“Constant conflicts with local communities and forceful takeover or appropriation of mosques not belonging to the respondent in Kaduna and Kano states as well as other northern states.

“Violent protests, creating ethnoreligious strifes and other criminal acts of aggression against individuals and communities which often results in deaths, grievous bodily harm and destruction of property.

“The respondent has over the years manifested its penchant for launching attacks on security agents.”

But, spokesperson for the group, Ibrahim Musa, told Punch that the government could not proscribe the movement, pointing out that its members were Muslims practising Islam as “revealed” by Prophet Muhammed.

He said the group was neither an association nor a political party that could be proscribed by fiat.

Musa noted that the IMN was a mass movement and could not be made to abandon its religion just like that.

Meanwhile, the Iranian Government has asked the Federal Government to release El-Zakzaky and send him to the country for treatment.