El-Zakzaky had asked the court to order the Department of State Services (DSS) to release him immediately.

The Shi'ite leader has been in the DSS custody since December 2015 after some of his members clashed with the Nigerian Army in Zaria, Kaduna state, the clash which left scores of Shiites  members dead.

In his ruling, Justice Okon Abang said that Zakzaky ought to have obtained the leave of court for the matter to be heard during vacation.The judge said Zakzaky failed to serve the DSS, the Inspector General of Police (IGP) and the Attorney General of the Federation (AGF) and Minister of Justice, who are respondents in the matter.

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Therefore, he held that the sect leader's application was not competent and he struck it out.

Zakzaky has been charged with criminal conspiracy and inciting public disturbances.