•Orders N8bn compensation to Kanu
From Geoffrey Anyanwu, Enugu
There was jubilation across the South East region, yesterday, following the Enugu State High Court’s declaration that the proscription and designation of the Indigenous People of Biafra (IPOB) as a terrorist organisation by the Federal Government and the South East Governors Forum as unconstitutional.
People, especially youths and members of IPOB, were seen at various places, including relaxation joints, expressing delight over the court ruling which, according to them, would go a long way in dousing the tension in the region.
In Enugu, as soon as the news of the judgment hit the town, the Obiagu/Edinburgh Roundabout, where people, including IPOB members, gathered around newsstands in groups, analysing the judgment with joy.
The court’s ruling yesterday was sequel to a suit brought before it in January, this year, by the IPOB legal team led by Aloy Ejimakor, challenging the 2017 proscription of IPOB and its designation as a terror organisation.
The suit E/20/2023 was between Mazi Nnamdi Kanu (applying for himself and on behalf of members of the Indigenous People of Biafra (IPOB), as Applicant and Federal Republic of Nigeria, the President, Attorney General of the Federation, the Governor of Ebonyi State and South East Governor’ Forum, as Respondents.
Delivering judgment on the suit, Justice A. O. Onovo held that the practical application of the Terrorism Prevention Act and the executive or administrative action of the respondents (South East Governors’ Forum and the Federal Government), which directly led to the proscription of IPOB and its listing as a terrorist group, was unconstitutional.
The court granted four out of eight reliefs sought by the applicant, including awarding N8 billion damages against the respondents in favour of Kanu.
A release by Ejimakor, made available to Daily Sun, noted that the court “declared that the practical application of the Terrorism Prevention Act and the executive or administrative action of the Respondents (Southeast Governors Forum and the Federal Government), which directly led to the proscription of IPOB and its listing as a terrorist group, said IPOB, being comprised of citizens of Nigeria of the Igbo and other Eastern Nigerian ethnic groups, professing the political opinion of self determination and the consequent arrest, detention and prosecution of the Applicant (Mazi Nnamdi Kanu) as a member/leader of said IPOB is illegal, unlawful, unconstitutional and amounts to infringement of the Applicant’s fundamental right not to be subjected to any disabilities or restrictions on the basis of his ethnicity as enshrined and guaranteed under Section 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and his fundamental rights as enshrined under Articles 2,3,19 &20 of the African Charter on Human and People’s Rights (Enforcement and Ratification) Act.
“Declared that self determination is not a crime and, thus, cannot be used as a basis to arrest, detain and prosecute the applicant, Mazi Nnamdi Kanu. Ordered the respondents, jointly or severally, to issue official letter(s) of apology to the applicant (Mazi Nnamdi Kanu) for the infringement of his said fundamental rights; and publication of said letter(s) of apology in three national dailies.
“Ordered the respondents to, jointly or severally, pay the sum of N8,000,000,000.00 to the applicant (Mazi Nnamdi Kanu, being monetary damages claimed by the applicant against the respondents, jointly and severally for the physical, mental, emotional, psychological, property and other damages suffered by the applicant, as a result of the infringements of his fundamental rights by the respondents.”
The applicant had prayed the court that he be paid the sum of N25 billion and N500 billion to members of IPOB as damages.
Ejimakor commended the court for what he described as “well-considered judgment, saying, “Today, I led a team of lawyers to a landmark victory before the High Court of Enugu State, in SUIT NO: E/20/2023, filed in January 2023, against the Southeast Governors’ Forum and the FG (Respondents), for their collective executive actions (in 2017) that led to the proscription of IPOB and declaring it a terrorist group, in contravention of Section 42 of the Constitution which prohibits discrimination on the basis of ethnicity.”