Okoi Obono-Obla
THE Presidency has faulted the statement credited to the Senate President, Dr Bukola Saraki, that the Nigerian Army has no powers to declare the Indigenous People of Biafra (IPOB) a terrorist organisation.
Special Assistant to President Muhammadu Buhari on Prosecution, Okoi Obono-Obla, in a statement on his Facebook page on Tuesday, said the decision of the Nigerian Army was in order.
The presidential aide queried Saraki’s legal right to declare as illegal, any action taken by the executive or any of its agencies.
Obono-Obla, who drew a distinction between proscription and declaration, said the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, would soon apply for IPOB’s proscription in court.
According to him, “the military, as part of the executive branch of government, has the right to declare that IPOB is a terrorist organisation for the purpose of quelling the threat posed to national security and corporate existence of the country by the unwholesome and nefarious activities of the organisation.
“So, there is nothing absolutely wrong or unconstitutional for the military, for operational reason, to declare IPOB a terrorist organisation.
“Declaration of IPOB as a terrorist organisation does not amount to proscription of IPOB. Proscription of IPOB will surely be in accordance with the procedure and processes underlined in the provisions of Section 2 (1) of the Terrorism (Prevention) Act 2011.
“It provides thus: ‘Where two or more persons associate for the purpose of or where an organisation engages in, participating or collaborating in an act of terrorism, promoting, encouraging or exhorting others to commit an act of terrorism, setting or pursuing acts of terrorism, the judge in chambers may, on application made by the Attorney-General of the Federation (AGF), the National Security Adviser (NSA) or Inspector-General of Police (IGP), on the approval of the President, declare any entity to be a proscribed organisation and the notice should be published in official gazette.’
“At the appropriate time, the AGF will make the necessary application to the Federal High Court,” Obono-Obla said.
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