Proscription: A’Court reserves judgment on IPOB’s appeal

Ejimakor: Ruling in appeal of IPOB’s designation as terrorist coming in 90 days
A division of the Court of Appeal in Abuja yesterday reserved its judgment on an appeal brought by the Indigenous People of Biafra (IPOB) challenging its proscription as a terrorist organisation by the Federal Government.

A three-man panel of the court, led by Justice Hamma Barka, adjourned the matter for judgment after the parties – FG and IPOB – through their respective lawyers, adopted their final briefs of argument.

Mr. Oyin Koleosho, counsel from the Federal Ministry of Justice, announced his appearance for the government, IPOB was represented by a team of lawyers led by a Senior Advocate of Nigeria, Chukwuma-Machukwu Umeh. The detained leader of IPOB, Nnamdi Kanu, had earlier applied to be joined as an interested party in the appeal marked: FHC/CA/A/214/2018.

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

The high court proscribed IPOB on the strength of an ex-parte motion that the former AGF, Mr Abubakar Malami, filed on behalf of FG.

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”.

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 then AGF suppressed and misrepresented facts in the affidavit evidence he tendered before the court, adding that the proscription order was tantamount to declaring over 30 million 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.

However, 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, the affidavit evidence that was tendered to establish that IPOB was not a violent organisation. While urging the appellate court to allow the appeal, IPOB’s lawyer, Umeh, argued that the organisation was denied a fair hearing.

FG’s lawyer, Koleosho, who denied the allegation, prayed the appellate court to dismiss the appeal. The court, after taking arguments from the parties adjourned for judgment to a date to be communicated to parties.

However, Aloy Ejimakor, lead counsel of Nnamdi Kanu, IPOB leader, has said Appeal Court will deliver judgment in the reversal of the group’s designation as a terrorist organisation within the next 90 days.

Reacting, Ejimakor posted on X: “Today, the six-year quest to reverse the designation of IPOB as a terror group ended at the Court of Appeal where the appeal was finally heard on the merits, despite a veiled manoeuvre to force another adjournment. Judgment is expected within the next 90 days, as mandated by law.”