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Court delays IPOB’s appeal against terrorism designation to October 31
The Court of Appeal in Abuja has postponed the hearing of the Indigenous People of Biafra’s (IPOB) appeal challenging its classification as a terrorist organization by the Federal Government. The new hearing date is set for October 31, 2024.
A three-member panel of judges agreed on the date after instructing both parties to file and exchange necessary legal documents related to the case.
Nnamdi Kanu, the detained leader of IPOB, has sought to be included as an interested party in the appeal, referenced as FHC/CA/A/214/2018. IPOB’s legal representative, Ifeanyi Ejiofor, is urging the appellate court to overturn the ruling issued by the late former Chief Judge of the Federal High Court, Justice Abdul Abdu-Kafarati, which declared the group’s activities illegal on September 15, 2017.
The initial proscription of IPOB was based on an ex-parte motion filed by the Attorney General of the Federation, Abubakar Malami, SAN. Justice Abdu-Kafarati specifically ruled all activities of IPOB as illegal, particularly in the Southeast and South-South regions, and ordered that the proscription be published in the official gazette and two national newspapers.
In a subsequent ruling on January 22, 2018, the court dismissed IPOB’s motion contesting the legitimacy of the proscription order, stating it was obtained through misleading information presented by the AGF.
READ ALSO: Again, IPOB warns Igbo youths against joining Nigerian Army
IPOB contends that the AGF misrepresented facts in his affidavit and that the proscription effectively labels over 30 million Igbo Nigerians as terrorists. Justice Abdu-Kafarati concluded that IPOB posed a national security threat and rejected the argument that the group could not be sued due to its unregistered status in Nigeria.
In its appeal, IPOB argues that the lower court’s ruling was legally flawed and resulted in a miscarriage of justice. They assert that the mandatory approval from President Muhammadu Buhari, as required by Section 2(1)(C) of the Terrorism (Prevention) (Amendment) Act, 2013, was not adequately satisfied.
IPOB’s appeal includes five grounds, arguing that the lower court failed to properly consider evidence demonstrating that IPOB is not a violent organization. “Proper findings of facts built on a meticulous evaluation of Affidavit evidence placed before the Court below will resolve whether the activities and characters of the Appellant… meet the threshold definition of terrorism acts,” the appeal states.
The group emphasizes that its members engage in peaceful protests, using placards and songs to advocate for self-determination, and do not possess weapons or engage in violence. The appeal also highlights the contrast between IPOB and other violent groups that have not been similarly designated as terrorists.
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