The leader of the Indigenous People Of Biafra (IPOB), Nnamdi Kanu, has challenged the court decision to proscribe his group.
Kanu in a motion on notice filed against an order made by the Federal High Court on Wednesday, September 20, said the order proscribing IPOB as a terrorist organization is illegal.
The motion also stressed that the IPOB is a non-violent group and that the Abuja Division of the Federal High made its order based on a motion ex-parte without the presence of other party or parties involved in the matter.
The motion with suit number: SUIT NO: FHC/ABJ/CS/871/17 between the attorney general of the federation Abubakar Malami and the IPOB prayed the court to set aside the order of injunction, made on Wednesday.
IPOB said its prayers is being sought on the grounds that the court order proscribing the IPON was made without jurisdiction and granted against any entity known to law.
IPOB also said there is a clear suppression and misrepresentation of facts in the attorney general’s affidavit evidence, pursuance to which the order was granted.
The group also said that the order is unconstitutional and was made in clear violation of the constitutionally guaranteed right of the IPOB to self determination; Article 20(1) of the Africa Charter on Human and Peoples Rights, now domesticated into Nigerian 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.
The motion on notice was supported by an affidavit written by Prince Mandela Umegborogu, an associate solicitor in the Law Firm of I.C. Ejiofor & Co.
The Federal High Court in Abuja granted an application by the attorney general to proscribed IPOB as a terrorist group.
The court in its order also banned the IPOB and its activities all across Nigeria.
The court in its order declared the IPOB and all its activities as ‘acts of terrorism and illegality’.