The Department of State Security Service (DSS) says the leader of the Islamic Movement of Nigeria, Ibrahim El-Zakzaky, is being detained at his own will.
The DSS is making the statement in defence of accusations by the council to the leader of the Shiites that his rights were being violated.
Counsel to the DSS, Mr Tijani Gazali, told reporters on Tuesday that the Shiite leader was held by security operatives at his own will and for his benefits.
Mr Gazali said: “He needs not give his consent because it is the duty of the DSS to protect every Nigerian especially one who is as vulnerable as the shite leader is at the moment”.
But in his defence, counsel to El-Zakzaky, Mr Festus Okoye, said he had not received any statement from his client that would corroborate the claims of the DSS.
He also accused the DSS of breaching the fundamental human rights of his client.
The hearing on the suit filed by the Shiite leader challenging his arrest and continued detention could not commence following the fresh issues raised by the DSS that he had been held under protective custody and not detention.
The security agency asked the court to allow it an extension of time in order to file a counter affidavit and written address on the motion on notice filed by El-Zakzaky and his wife, Zainab.
With no objections from the parties in the suit the trial judge, Justice Gabriel Kolawole, adjourned the case to July 13 for hearing and to also allow El-zakzaky’s lawyer respond to the new dimension raised by the DSS.
The embattled Shiite leader is seeking damages to the tune of two billion Naira against the Federal Government for unlawful arrest and detention.