Must Read: IPOB Asks A’court to void order proscribing it as terrorist organization -Risingsuntv

By Ikechukwu Nnochiri

ABUJA – The Indegeniuos People of Biafra, IPOB, on
Thursday, went before the Court of Appeal in Abuja to
challenge the order that proscribed and designated it as a
terrorist organisation.

IPOB cartoon











IPOB, through its lawyer, Mr. Ifeanyi Ejiofor, is praying the
appellate court to set aside in its entirety, the ruling/final
decision of the Acting Chief Judge of the Federal High
Court, Justice Abdul Abdu-Kafarati, which on September
15, 2017, outlawed its activities in Nigeria.


It will be recalled that the high court proscribed IPOB on
the strength of an ex-parte motion the Attorney General of
the Federation and Minister of Justice, Mr. Abubakar
Malami, SAN, filed on behalf of the federal government.












Justice Kafafati specifically declared as illegal, all
activities of the group, particularly in the South-east and
South-South regions of the country.


He further restrained “any person or group of persons
from participating in any of the group’s activities”.


The Judge directed the AGF to ensure that he published
the order proscribing IPOB in the official gazette, as well
as in two national dailies.












In a follow-up ruling on January 22, 2018, the court
dismissed a motion IPOB filed to challenge the legal
validity of the proscription order which it said was
surreptitiously obtained by the AGF.


IPOB had alleged that the AGF suppressed and
misrepresented facts in the affidavit evidence he tendered
before the court, adding that the proscription order was
tantamount to declaring over 30million Nigerians of Igbo
extraction as terrorists.













While dismissing the motion, Justice Abdu-Kafarati said
he was satisfied that IPOB constituted a threat to national
security.


He rejected Ejiofor’s argument that the group, not being a
registered entity in Nigeria, could not be validly sued by
the FG.













The court said the fact that IPOB claimed that it was
registered in over 40 countries in the world aside Nigeria,
did not exculpate it from legal liabilities if it was found to
have by its activities, violated any law in Nigeria.


Meantime, in its five grounds of appeal, IPOB contended
that Justice Abdu-Kafarati erred in law and occasioned a
miscarriage of justice, when he 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.












It told the appellate court 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.


“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.














“The Learned Trial Judge justified the granting of the
Exparte Order of 20th September 2017, vide finding of
facts predicated on issues he formulated suo motu,
ostensibly closing his eyes to facts, as well as documents
that show that the Appellant is a group of persons holding
common political belief largely made up of indigenous
people of Igbo extraction and other neighboring regions
merely exercising their constitutional rights to self-
determination, within the bounds of relevant international
instruments and conventions.


“Affidavit evidence placed before the Trial Court shows in
clear terms that the Appellant does not possess any form
of arms, or weapons in the exercise of their
constitutionally guaranteed rights; or have any history of
violence or had engaged in any form of killings; the
activities of the Appellant are essentially characterized by
moving in groups with cardboards and placards in their
hands, singing, blowing whistles and flutes, in agitation
for self-determination; these compelling facts clearly
supported by credible evidence were not evaluated by the
Court below in its finding of facts.














“Activities of the Appellant as demonstrated before the
lower court, is in sharp contrast with characters of
notorious groups that have even used violence such as
FULANI HERDSMEN (which has been declared the 4th
most dangerous terrorist organization in the world), and
none of these violent group has earned terrorist tag,
because the President most probably considered them as
possessing or professing protected political beliefs”, IPOB
added.
Meanwhile, no date has been fixed for hearing of the appeal.