IPOB dares FG, heads to court to challenge proscription order

THE Indigenous People of Biafra (IPOB) on Friday approached a Friday approached a Federal High Court in Abuja, seeking an order setting aside the order of injunction of the court proscribing the group and declaring it as a terrorist organization.

Recalled that the Acting Chief Judge of the court, Justice Adamu Abdul Kafarati had, on September 20th, 2017 had, while proscribing the group, declared as illegal all of its activities in the country, especially in the South-East and South-South regions of the country.

The court also restrained, “any person or group of persons from participating in any of the group’s activities”.

Justice Kafarati ordered the Attorney-General of the Federation (AGF), Abubakar Malami (SAN), who filed the motion seeking IPOB’s proscription

to ensure the publication of the group’s proscription order in the official gazette and two national newpapers.

The IPOB, in a Motion on Notice filed on Friday is praying the court to set aside the exparte order on the ground that it was made without jurisdiction, as the order was granted against an entity unknown to law.

The motion which was filed by Ifeanyi Ejiofor, counsel to IPOB’s self acclaimed leader, Nnamdi Kanu said, there is a clear suppression and misrepresentation of facts in the AGF’s affidavit evidence, pursuance to which the said order was granted.

IPOB, in the motion held that the order made by Justice Kafarati is unconstitutional, as it was made in clear violation of the, “Constitutionally guaranteed right of IPOB to self determination; Article 20(1) of the Africa Charter on Human & Peoples Rights, now domesticated into our Law under (Ratification and Enforcement Act) (Cap 10) Laws of the Federation of Nigeria 1990; Right to fair hearing, Right to freedoms of expression, and the press and Rights 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”.

The group said, a declaratory order cannot be made pursuant to an exparte application, without hearing from the party against whom the order was made and that the Indigenous People of Biafra, who are majorly of Igbo extraction, have no history of violence in the exercise of their right to self determination.

The motion on notice said, “IPOB does not carry arms and has no history of arm struggle in the exercise of their constitutionally guarantee rights to self determination.

“That prior to and during the military invasion of the South Eastern States, IPOB members had never at any time resorted into arm struggle or engage in acts of violence capable of threatening the national security.

“That the Federal High Court of Nigeria, Per Justice Binta Nyako of Court No 4, had in its rulings delivered on the 1st day of March, 2017 held that IPOB is not an unlawful organization.

“That the exparte application for IPOB’s proscription and its activities in the South Eastern States pursuant to which the order was granted, was politically motivated, and will in essence amount to suppression, of the wishes and aspirations of the Indigenous People who are now being intimidated using the state force, for expressing their disenchantment with the administration that has relegated them to third class citizens”.

The motion also stated that the hasty manner through which the process leading to the proscription of the IPOB’s activity and its declaration as a terrorist organization, was activated/initiated, shows a clear manifestation of high powered ethnic conspiracy against the group in particular and the Igbos in general.

The group held that, “It started with the Arewa Youth Coalition Group’s declaration on the 24th August, 2017, that IPOB (Respondent) should be declared a terrorist organization, among other far reaching terms, as part of their condition to suspend the quit notices given to Igbos and Southerners living in the North, which was in quick succession followed by the military invasion of the South-East (a relatively peaceful region), their murderous attack in the home of the leader of the Respondent, illegal declaration by the Nigerian Military that a non-violent group such as the Respondent is a terrorist organization, and the speedy but clandestine manner the Attorney General approached the Court Exparte, for an order proscribing the Respondent’s activities and declaration as a terrorist organization.”

It also added that the exparte order proscribing IPOB’s activities and declaring the it a terrorist organization is prejudicial to the subsisting criminal charge/trial pending before Justice Binta Nyako, in Charge No: FHC/ABJ/CR/383/2015 between F.R.N. Vs Nnamdi Kanu & 4 Ors, wherein the Court had, in the course of the proceedings, held that the IPOB is not an unlawful organization.

The motion stated that the Military, in an officially approved ethnic cleansing exercise, presently going on in the South East, massacred over 200 members of unarmed and defenseless IPOB members, under their coded Operation Python Dance in the South East, including the invasion and unprovoked bloody attack in the home of Nnamdi Kanu, whose whereabouts has remained unknown, since their murderous attack in his home on the 14th day of September 2017.

It further held that the court has the inherent powers to set aside its orders when either granted without jurisdiction or granted in error.

In an affidavit in support of the motion on notice deposed to by Prince Mandela Umegborogu said IPOB members are lawful, non-violent socio-ethnic pressure group, largely made up of Indigenous People of Igbo extraction, and of Igbo neighboring states of Biafra region/origin.

The affidavit said IPOB is a community of Indigenous People exercising their constitutionally guarantee right to self determination freedom of expression, peaceful assembly and association, with no history of violence or armed struggle in the exercise of their rights to self determination.

“That the activities of the Respondent’s members and programmes are civil and non violent. That the South Eastern States of the Country, largely made up of Anambra, Enugu, Imo, Abia and Ebony, have no history of violent crime, in recent times, before the soldiers were deployed to the South East on the Operation Python Dance.

“That the depositions in the Affidavit in Support of the Exparte application to proscribe the IPOB are all false, and misleading. The pictures (photographs) and video footages attached in the Applicant/Respondent’s affidavit were all concocted and video/photo shopped to make it appear real, and do not represent the true images/impression of the Respondent/Applicant’s members”, it stated.

It also added that the proscription of the Indigenous People of Biafra will indignify the entire Igbo race and will further fuel disunity in the country.

No date has been fixed for hearing of the motion as it is yet to be assigned to any Judge.