By Andrew Orolua Abuja –
Nnamdi Kanu, IPOB leader. The banned
Indigenous People of Biafra (IPOB) on Friday challenged its proscription as a
terrorist group by the federal government and asked the Federal High Court in
Abuja to set aside the court’s ex-parte proscription orders. The Acting Chief
Judge of the Federal High Court , Justice Abdu Kafarati, on Wednesday , issued
the proscription order, following an ex parte application filed and argued by
the Attorney-General of the Federation (AGF) and Minister of Justice , Mr .
Abubakar Malami (SAN) on behalf of the federal government.
While granting the order as prayed,
Justice Kafafati declared as illegal, all activities of IPOB particularly in
the South-east and South-South geo-political zones of the country. He also
restrained “any person or group of persons from participating in any of the
group’s activities”. The Acting CJ directed the AGF to ensure that it published
the order proscribing IPOB in the federal government official gazette as well as
in two national dailies.
In its motion filed yesterday before same
judge by IPOB ’s lawyer , Mr . Ifeanyi Ejiofor, the group contended that the
proscription order was unconstitutional because the order “was made without
jurisdiction”, saying that the court order was “granted against an entity
unknown to law,” The motion, brought pursuant to Section 6(6) (1) of the 1999
Constitution (as amended), is asking the court to set aside the order made by
Justice Kafarati on Wednesday on. Some of the grounds of the application read
in part: “
That the ex-parte order made on
September 20, 2017 by this Honorable Court was made without jurisdiction , as
the order was granted against an entity unknown to law . “That there is a clear
suppression and misrepresentation of facts in the Attorney General’ s Affidavit
evidence, pursuance to which the Order was granted.
“That the Order is unconstitutional,
as it was made in clear violation of the constitutionally guaranteed right of
the 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. “That a
declaratory order cannot be made pursuant to an ex parte application , without
hearing from the party against whom the order was made .
“The IPOB who are majorly of Igbo
extraction , have no history of violence in the exercise of their rights to
self determination .” No date has been fixed for the hearing of the suit
Daily Times
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