Kanu Challenges Court Order Declaring IPOB A Terrorist Organisation
Embattled leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, whose whereabouts has been unknown since the violent crisis in Abia started two weeks ago, has challenged the ruling which declared his group as a terrorist organization.
Kanu is asking the Federal High Court in Abuja to set aside the orders proscribing his group and designating it as a terrorist group.
The court, had on Wednesday, declared IPOB a terrorist organization.
The court also declared illegal all activities of the group in the country, particularly in the South-East and South-South regions of the country and restrained “any person or group of persons from participating in any of the group’s activities.”
But in a motion filed by IPOB’s lawyer, Ifeanyi Ejiofor, before the same judge on Friday, the group contended that the proscription order was unconstitutional.
The motion was anchored on 13 grounds, first of which was that the proscription order was made without jurisdiction “as the order was granted against an entity unknown to law”.
The grounds of the application read in part, “that the Exparte 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 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 Exparte 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.