IPOB heads to Appeal Court to challenge proscription status

The Indigenous People of Biafra (IPOB) has gone to the Court of Appeal in Abuja to challenge the order of the Acting Chief Judge of the Federal High Court, Justice Abdul Abdu-Kafarati, proscribing and designating it as a terrorist organisation.

The pro-Biafra group, in an appeal through its lawyer, Mr. Ifeanyi Ejiofor, is asking the court to set aside in its entirety, the ruling/final decision of the Acting Chief Judge of the Federal High Court, Justice Abdu-Kafarati, which on September 15, 2017, proscribed its activities in Nigeria.

Following an ex-parte motion filed on behalf of the Federal Government by the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), the high court had proscribed IPOB.

Subsequently, the court in its ruling on January 22, 2018, sacked a motion by IPOB challenging the legal ground the court had to proscribe its activities. IPOB alleged that the order was surreptitiously obtained by the AGF.

In its appeal before the appellant court, IPOB in a fife grounds appeal, is contending that to have ruled that the mandatory statutory condition requiring President Muhammadu Buhari’s approval, under Section 2 (1) (C) of the Terrorism (Prevention) (Amendment) Act, 2013, was satisfied, on the authority of a Memo the AGF issued on September 15, 2017, that Justice Abdu-Kafarati erred in law and occasioned a miscarriage of justice.

It further told the Court of Appeal that the lower court judge failed to evaluate, consider or mention in his rulings, affidavit evidence that was tendered to establish that IPOB was not a violent organisation.

IPOB said, “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 as clearly distinguished vide compelling exhibits placed before the Court, meet the threshold definition of terrorism acts, as contemplated under Section 2 (i) (a) (b) & (c) of the Terrorism Prevention (Amendment) Act, 2013.

“The appellant’s activities as contested in its written submission before the trial court, strongly supported by credible affidavit evidence falls short of acts of terrorism as contemplated under Section 2 (1) (A) (B) & (C) of the Terrorism (Prevention) (Amendment) Act; this submission was not considered by the learned trial judge.”

Date to hear the appeal is yet to be fixed.

Meanwhile, IPOB had publicly apologised to the leaders of the Eastern Consultative Assembly (ECA) over the embarrassment of its leaders in Enugu on Tuesday.

Some people both men, women and youths believed to be IPOB members had on Tuesday disrupted the meeting of the leadership of ECA in Enugu.

But a statement signed by its publicity and media secretary, Emma Powerful, IPOB said it was sorry for the incident, but threatened that its members would disrupt a meeting on restructuring of the country by Ohanaeze Ndigbo, scheduled for March 16, in Enugu.

It said that IPOB members would not tolerate any discussion on Nigerian unity because of the level of discriminations against the easterners in the country over the years.

READ ALSO: ASSASSINATION CLAIM: Complainant turned accused, Melaye arraigned, granted N100,000 bail

“We (IPOB) wish to clarify that events that took place at the ECA gathering in Enugu on Tuesday, February, 27 is regrettable and unfortunate under the circumstance because it happened in the presence of the two most distinguished and respected elder statesmen we have in Professor Ben Nwabueze and Chief Mbazuluike Amaechi.

“For this, we respectfully and unreservedly apologise to both elders and the leadership of ECA over how the ceremony came to an (abrupt) end,” IPOB statement read in part.

 

RipplesNigeria… without borders, without fears

Click here to join the Ripples Nigeria WhatsApp group for latest updates.

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now