Home NewsVACATE PROSCRIPTION ORDER AGAINST US — IPOB TELLS COURT

VACATE PROSCRIPTION ORDER AGAINST US — IPOB TELLS COURT

by Arinze Ago
Sen Abaribe, FG, Punch, President Buhari,

The Indigenous People of Biafra (IPOB) has urged the Federal High Court in Abuja to vacate an order proscribing it.

What happened:

The court on Wednesday had proscribed the activities of the group and declared it a terrorist organisation. Before then, the South East Governors’ Forum had proscribed the group.

What is happening:

 IPOB’s leader, Nnamdi Kanu, through its counsel, Ifeanyi Ejiofor on Friday asked the court to vacate the order.

IPOB’s argument:

  • The group said its members are not violent, so it would be wrong to declare it a terrorist group.
  • It added that the group was not given fair hearing before issuing the order.

The application read, “That the ex-parte order made on the 20th day of September 2017, by this honourable 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 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 freedom 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.

“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 Indigenous People of Biafra does not carry arms and has no history of arm struggle in the exercise of their constitutionally guarantee rights to self-determination.”

Ynaija

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