For embattled leader of the proscribed Islamic Movement in Nigeria (IMN), Mr. Ibraheem el-Zakzaky and wife, Zeenat, it is a bumpy road to India for medical treatment as the Kaduna State government has reeled out seven conditions they have to fulfill before they travel.
It would be recalled that the Kaduna State High Court presided over by Justice Darius Khobo had on Monday, August 5 granted El-Zakzaky and wife leave to travel to India for medical treatment.
He ruled that the duo should be accompanied by the officials of the Kaduna State government and personnel of the Department of State Security (DSS).
However, Kaduna state government which in the first place charged El-Zakzaky and his wife to court for culpable homicide said it had approached the court seeking for seven measures that would ensure that the defendants do not become asylum seekers in India.
The state’s commissioner for internal security and home affairs, Mr. Samuel Aruwan, said in a statement in Kaduna on Wednesday that “while the Kaduna state government respects the court’s ruling on medical leave, it disagrees with the premises on which it is based.
“Therefore, an appeal will be lodged on the matter, but a stay of execution will not be sought as the state government believes that a person may choose to travel abroad for any medical condition at his own cost.”
He added that the government respects the right of anyone to seek treatment anywhere in the world, “even for malaria or common cold, so long as they are paying for it.
“But in the case of persons facing trial for serious offences, necessary safeguards are required to ensure that such persons do not become fugitives from justice or frustrate trial by claiming asylum or the status of political prisoner in the host country,” he said.
In compliance with the court’s ruling, Aruwan said the Kaduna state government had filed at the Kaduna High Court terms for strict supervision of the medical leave, as follows:
“The ministry of foreign affairs of the Federal Republic of Nigeria shall confirm the appointments of the defendants/applicants with the Medanta Hospital, India, and undertake all necessary diplomatic arrangements and protocols to ensure compliance with the conditions of the medical leave.
“Each of the defendants/applicants shall undertake to return to Nigeria to continue their trial as soon as they are discharged from the hospital, and shall also be responsible for the cost of their travel, treatment and living expenses while on their medical leave.
“Each of the defendants/applicants shall produce two prominent and reliable persons as sureties, one being a first class chief/emir of national repute and the other a prominent person within Kaduna State who shall undertake to produce the defendants whenever they are needed. The sureties must also produce evidence of landed property within Kaduna State.
“The Federal Government of Nigeria shall obtain from the government of India an irrevocable guarantee that it will not entertain any application by the defendants/applicants or any third party seeking asylum under any guise or conferring the status of political prisoners or any other status aside from being medical patients on the defendants/applicants and shall also restrain the defendants/applicants from any act inimical to the corporate existence of Nigeria.
“Each of the defendants/applicants shall undertake in writing, endorsed by their counsel, that while on medical treatment in India, they shall do nothing to jeopardise the ongoing trial, the peace and security of Nigeria and the laws of the Republic of India in whatever form.
“Security agents of the Federal Government of Nigeria shall escort the defendants/applicants and remain with them throughout the duration of their treatment in India and thereafter shall return with them after their discharge from the hospital.
“The Nigerian High Commission in India shall undertake prior vetting and grant consent before any visitor has access to the defendants/applicants while in the Republic of India.”
