Justice Okon Abang of a Federal High Court sitting in Abuja has turned down a request by the detained leader of the Islamic Movement in Nigeria, Sheikh Ibrahim El-Zakzaky, for his immediate release by the Department of State Services.
El-Zakzaky has been in detention since December.
Also detained alongside with him is his wife.
Their detention followed a violent clash between members of his sect and the Nigerian Army.
The members of the sect had prevented the convoy of the Chief of Army Staff, Lieutenant General Tukur Buratai, from passing through a street in Zaria, Kaduna State.
Over 1,000 persons were reportedly killed in the clash.
El-Zakzaky and his wife had filed a suit against the Federal Government challenging their continued detention.
Abang, in his ruling, said Zakzaky ought to have obtained the leave of court for the matter to be heard during vacation since it was initially assigned to Justice Gabriel Kolawole by the Chief Judge of the Federal High Court.
He explained that the applicant failed to serve the DSS, the Inspector General of Police and the Attorney General of the Federation, who were joined as respondents.
Abang, therefore, said the application was not competent and struck it out.