From Stanley Uzoaru, Owerri
The Indigenous People of Biafra (IPOB) has demanded immediate reversal of a Court sitting in Abuja which proscribed the group as a terrorist organisation.
Spokesperson of the group, Emma Powerful, in a statement also insisted that the earlier ruling striking out the Federal Government’s suit against the organisation after lack of evidence depicted it as unlawful stands.
His statement read in part: “On March 1, 2017, in the case of Federal Republic of Nigeria v. Nnamdi Kanu & Ors (Suit No: FHC/ABJ/CR/383/15), Justice B.F.M. Nyako of the Federal High Court, Abuja, delivered a landmark ruling.
“After a contested hearing where both parties were fully represented, Justice Nyako unequivocally found no evidence whatsoever to support the prosecution’s claim that IPOB is an unlawful or proscribed society.
“She stated, and we quote: ‘The prosecution has not placed any evidence in the proof of evidence to show that the society Indigenous People of Biafra (IPOB) is an unlawful or proscribed society.’
“This ruling, which struck out charges related to the alleged unlawfulness of IPOB (Counts 3 and 10), remains unappealed and subsisting to this day. It is the definitive judicial determination on the matter and should guide all subsequent proceedings involving IPOB’s status.
“However, in a shocking display of bad faith, the Buhari-led APC government, unwilling to accept this fair and lawful verdict, resorted to a backdoor tactic. Failing to secure their desired outcome in Justice Nyako’s court, they corruptly approached Justice Abdul Kafarati in the same Federal High Court building to obtain an ex parte proscription order against IPOB.
“This Kangaroo proscription, secured without notice to IPOB or our legal representatives, was a deliberate attempt to subvert justice and achieve through secrecy what they could not accomplish in an open, contested hearing.
“Such an action is not only an abuse of court process but a flagrant violation of Section 36 of the Nigerian Constitution, which guarantees the right to a fair hearing—a right that cannot be circumvented under any guise.
“We further note that the enabling statute for proscribing an organisation mandates a “judge in chambers” hearing with notice to affected parties, not an ex parte proceeding that excludes them. Justice Kafarati’s order, therefore, is rooted in illegality and is null and void ab initio.
“Those who seek to rely on the subsequent affirmation of this kangaroo proscription by the Court of Appeal are either ignorant of the rule of law or complicit in its perversion. A judgment built on an illegal foundation cannot stand, no matter how many courts affirm it.
“The proper court to determine IPOB’s legality remains that of Justice Nyako, whose ruling stands unchallenged, or Justice Omotosho’s court, where related matters are being adjudicated with due process.
“This moment also serves as an opportunity for the world to examine the flimsy and baseless evidence upon which the proscription of IPOB was purportedly based. The APC government has, since its inception, sought to demonize and proscribe IPOB, not because we pose a threat, but because our call for self-determination exposes their failures and injustices.
“We call on the international community, human rights organisations, and all lovers of justice to take note of this travesty. The Nigerian government’s actions undermine the very principles of democracy and the rule of law they claim to uphold.
“IPOB remains a peaceful movement advocating for the rights of the Biafran people, and we will not be silenced by illegal proscriptions or state-sponsored oppression. We demand the immediate reversal of the unconstitutional proscription order and a return to the rule of law as upheld by Justice Nyako’s subsisting judgment,” IPOB said.