The leader of the Indigenous People Of Biafra (IPOB), Nnamdi Kanu, has
challenged the court decision to proscribe his group.
Kanu, in a motion on notice filed against an order made by the Federal
High Court on Wednesday, September 20, said the order proscribing IPOB
as a terrorist organization is illegal.
The motion also stressed that the IPOB is a non-violent group and that
the Abuja Division of the Federal High made its order based on a
motion ex-parte without the presence of other party or parties
involved in the matter.
The motion with suit number: SUIT NO:FHC/ABJ/CS/871/17 between the
attorney general of the federation Abubakar Malami and the IPOB prayed
the court to set aside the order of injunction, made on Wednesday.
IPOB said its prayers is being sought on the grounds that the court
order proscribing the IPON was made without jurisdiction and granted
against any entity known to law.
The pro-Biafra group said there is a clear suppression and
misrepresentation of facts in the attorney general's affidavit
evidence, pursuance to which the order was granted.
The group added that the order is unconstitutional and was made in
clear violation of the constitutionally guaranteed right of the IPOB
to self determination;Article 20(1) of the Africa Charter on Human and
Peoples Rights, now domesticated into Nigerian 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.
The motion on notice was supported by an affidavit written by Prince
Mandela Umegborogu, an associate solicitor in the Law Firm of I.C.
Ejiofor & Co.
CAMPUSNAIJA.info earlier reported that the Federal. High Court in
Abuja granted an application by the attorney general to proscribed
IPOB as a terrorist group.
The court in its order also banned the IPOB and its activities all
across Nigeria.
The court in its order declared the IPOB and all its activities as
'acts of terrorism and illegality'.
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