Remove this terrorist tag from us, IPOB begs High Court

President Muhammadu Buhari-led Federal Government has been dragged to court by the Indigenous People of Biafra (IPOB) for proscribing and labelling the group a terrorist organisation.

Sequel to an ex parte application by the Attorney- General of the Federation (AGF) and Minister of Justice, Abubakar Malami, the acting Chief Judge of the Federal High Court, Abuja, Justice Abdu Kafarati, had proscribed IPOB as a terrorist group.

However, in a motion filed by IPOB’ s lawyer, Ifeanyi Ejiofor on Friday, before the same acting Chief Judge of the Federal High Court, Kafarati, the group prayed the court to set aside the orders proscribing it and designating it as a terrorist organisation.

In a motion anchored on 13 grounds, IPOB contended among other things that its proscription order was “granted against an entity unknown to law,” and that it was unconstitutional.

“That the ex parte order made on the 20th day of September 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 Indigenous People of Biafra 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.

Read also : BIAFRA: More knocks for IPOB as Ohanaeze youths applaud proscription of group

“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 application read in part.

Nnamdi Kanu, leader of IPOB and his members claim to have maintained a nonviolent posture in their struggle for self-determination. However the group has been accused of making hate speeches in their campaigns.

A recent clash between IPOB members and Nigerian Army, following alleged invasion of Kanu’s home in Abia State, caused severe tension and purportedly led to the deaths of several members of the group including a policeman.

 

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