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From Okey Sampson, Umuahia
A group, Concerned Citizens and Advocates for Justice (CCAJ), has petitioned the Chief Justice of Nigeria (CJN), Justice Kudirat Motonmori Olatokunbo Kekere-Ekun against some Appeal Court Justices over their alleged miscarriage of justice in upholding the proscription of the Indigenous People of Biafra (IPOB).
In the petition signed by Mazi Evan Nwankwo and Mazi Maxwell Dede, the group said they were compelled to address an alleged miscarriage of justice that threatens the integrity of Nigeria’s judiciary and the sanctity of constitutional governance.
The petitioners alleged that some Appeal Court Justices had upheld the ex parte proscription of IPOB by Justice Abdul Kafarati in October 2017, despite admitting that the proscription violated Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The ex parte proscription of IPOB by Justice Kafarati in October 2017 was a judicial aberration rooted in procedural and substantive illegality.
“The ex parte order, issued without affording IPOB an opportunity to be heard, contravened the hallowed principle of audi alteram partem enshrined in Section 36 of the Constitution, which guarantees the right to a fair hearing.
“This principle is non-negotiable in any civil or criminal process, particularly one conferring criminal liability on an entity or its members. The Nigerian judiciary has consistently held, through the doctrine of stare decisis, that ex parte orders in civil proceedings cannot be used to impose criminal sanctions without hearing the affected party.
“The Appeal Court’s affirmation of this flawed ex parte order in 2025, despite acknowledging its constitutional infirmity, is a betrayal of judicial fidelity and a direct assault on Nigeria’s jurisprudence,” the group said.
The group said the illegality of IPOB’s proscription is not a novel issue, pointing out that in March 2017, Justice Binta Nyako, held that IPOB was not an unlawful association, adding that as the government failed to tender any proof to support its claims, the judgment remains subsisting, as the government neither appealed nor challenged it.
Going further, the group said Enugu High Court, in its 2024 judgment, unequivocally declared the proscription of IPOB null and void, reinforcing the unconstitutionality of the ex parte order.
It added that the Supreme Court’s ruling on the illegality of the invasion of Nnamdi Kanu’s home further underscores the pattern of state-sponsored lawlessness that culminated in IPOB’s proscription, adding that the Appeal Court justices, chose to affirm a decision that violated both constitutional provisions and binding judicial precedents.
The group therefore urged the NJC to constitute a panel to investigate the conduct of the Appeal Court justices who delivered the 2025 judgment upholding IPOB’s ex parte proscription and hand down appropriate actions where necessary.
“The National Judicial Council (NJC), under your leadership, has recently demonstrated commendable resolve to clamp down on dangerous ex parte judgments, as evidenced by the suspension of an Abuja judge for delivering a verdict without hearing the parties involved.
“This precedent must be applied consistently, without fear or favour, to the Appeal Court justices who upheld IPOB’s ex parte proscription. To allow these justices to escape accountability would signal a dangerous tolerance for judicial impunity and erode further, public confidence in the judiciary as the last hope of the common man”, CCAJ stated.
