The Court of Appeal in Abuja, has reserved judgement in an appeal filed by the Indigenous People of Biafra (IPOB), challenging its proscription by the Federal Government, that declared it a terrorist Organisation.
A three-man panel of the Court led by Justice Hamma Barka, adjourned the matter after lawyers in the suit adopted their final briefs of argument.
The IPOB is praying the appellate Court to set aside in its entirety, the ruling/final decision of the late former Chief Judge of the Federal High Court, Justice Abdul Abdu-Kafarati, which on September 15, 2017, outlawed its activities in Nigeria, as a result of an ex-parte motion filed by the former Attorney-General of the Federation, Abubakar Malami, SAN.
Justice Kafafati declared all activities of the group, particularly in the South-East and South-South regions of the country, as illegal.
The trial Judge had directed the AGF to ensure that he published the order proscribing IPOB in the official gazette, as well as in two national dailies.
In a motion that was dismissed by the Federal High Court, challenging the order obtained by the AGF, IPOB had alleged that the then AGF suppressed and misrepresented facts in the affidavit evidence he tendered before the lower Court, adding that the proscription order was tantamount to declaring over 30million Nigerians of Igbo extraction as terrorists.
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However, in its five grounds of appeal, IPOB contended that Justice Abdu-Kafarati erred in law and occasioned a miscarriage of justice, when he ruled that the mandatory statutory condition requiring President Muhammadu Buhari’s approval, under Section 2 (1) (C) of the Terrorism (Prevention) (Amendment) Act, 2013, was satisfied, on the authority of a Memo the AGF issued on September 15, 2017.
It told the appellate court that the Judge of the lower Court failed to evaluate, in his rulings, affidavit evidence that was tendered to establish that IPOB was not a violent organisation.
While urging the appellate Court to allow the appeal, IPOB’s lawyer, argued that the Organisation was denied fair hearing.
However, the Federal government’s lawyer, prayed the appellate Court to dismiss the appeal.
The Appeal Court panel after listening to the lawyers noted that it would communicate the judgement date to the parties in the suit.
(Editor: Ken Eseni)
