The Federal High Court, Abuja, has ordered the unconditional release of Ibrahim El-Zakzaky, leader of Shiite sect in Nigeria, and his wife, Malama Zeatudden, from detention, within 45 days.
It also ordered the Federal Government to provide a new accommodation for El-Zakzaky in Zaria or any northern town of his choice.
The court, presided by Justice Gabriel Kolawole, also awarded El-Zakzaky and his wife N50 million as general damages.
El-Zakzaky was arrested on December 14, 2015 after a clash between members of his Islamic Movement of Nigeria and the convoy of Chief of Army Staff, Lt Gen. Tukur Buratai in Zaria, Kaduna.
He approached the court through his lawyer, Femi Falana, to declare his arrest and continued detention a violation of his fundamental rights.
Delivering the judgement, Justice Kolawole, rejected the submission of the counsel to the Department of State Service (DSS), Tijjani Gazali, that El-Zakzaky was kept in protective custody.
He said the decision to hold the Islamic cleric and his wife for their safety was not based on law.
“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 neighbourhood,” said the judge.
He said the decision of the government to hold the applicant for so long amounted to great danger.
Citing the death of former leader of the Boko Haram leader, Mohammed Yusuf, the judge said; “If the applicant dies in custody which I do not pray for, it could result in many needless deaths”.
Falana had earlier raised an alarm that El-ZakZaky had gone partially blind in detention.
