Biafra: IPOB in court, challenges proscription

Th e recently proscribed Indigenous People of Biafra, (IPOB) has sued the Federal Government of Nigeria and the Nigerian army, for proscribing its activities and labeling it a terrorist organisation. Th e group, in the suit number FHC/ABJ/CS/871/17, is praying a Federal High Court in Abuja, to set aside the order of injunction proscribing its activities by the acting Chief Judge of the court, Justice Abdul Kafarati. Counsel to IPOB, Ifeanyi Ejiofor, led Maxwell Okpara, Chinwe Umeche, Habila Turshak, P. M. Umegborogu and Augustine Ezeokeke to fi le the process on behalf of the group in Abuja.

Th e motion was brought pursuant to Section 6(6) (1) (4) of the 1999 Constitution of the Federal Republic of Nigeria as amended in 2011. It was also brought under the inherent jurisdiction of the court. Th e offi ce of the AttorneyGeneral of the Federation was listed as respondent. In the suit, the applicant submitted that it premised the application, on the fact that the Sept.20, ex parte order made against it by the court was without jurisdiction. Ejiofor posited that the order granted against the entity was unknown to law, adding that, there was clear suppression and misrepresentation of facts in the AGF’s affi davit evidence, pursuance to which the order was granted.

“Th e order is unconstitutional, as it was made in clear violation of constitutionally guaranteed right of the Indigenous People of Biafra to self-determination. “It also violated Article 20(1) of the Africa Charter on Human & Peoples Rights, now domesticated into our law under (Ratifi cation and Enforcement Act) (Cap 10) Laws of the Federation of Nigeria 1990. “It ran against the right to fair hearing, right to freedom of expression and the press, as well as further violated the right to peaceful assembly and association clearly provided for under sections 36, 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria as (Amended) 2011.

” Th e lead counsel also informed that, a declaratory order cannot be made pursuant to an ex parte application without hearing from the party against whom the order is made, stressing that, the Indigenous People of Biafra who were majorly of Igbo extraction had no history of violence in exercising their right to self-determination.

“Th e Indigenous People of Biafra does not carry arms and has no history of arm struggle in the exercise of its constitutionally guaranteed right to selfdetermination. “Prior and during the military invasion of the South Eastern states, IPOB members had never at any time resorted to arm struggle or engaged in acts of violence capable of threatening national security.

Justice Binta Nyako of Federal High Court No 4 had in her ruling delivered on March 1 held that the Indigenous People of Biafra was not an unlawful organisation.” Going further, he said that Justice Nyako’s decision still subsisted as it was not appealed against to be set aside by any appellate court. Th e matter is yet to be assigned to any judge of the court.

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