The Islamic leader has been in detention since December last year after some of his members clashed with the Nigerian Army in Zaria, Kaduna state.
Ruling on his application, Justice Abang said that Zakzaky ought to have obtained the leave of court for the matter to be heard during vacation.
The Judge held that the leader of the Shi’ites Movement 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.
Justice Abang, who is sitting as a vacation Judge held that El-Zakzay’s application was not competent and he struck it out. El-Zakzaky has been charged with criminal conspiracy and inciting public disturbances.