Biafra: IPOB Say Their Proscription Is A Constitutional Error

IPOB crowd (File Photo)

The Indigenous People of Biafra, (IPOB),  in an appeal filed on Thursday, has enjoined the Court of Appeal to upturn the judgement made by the Federal High Court, as well as the order outlawing IPOB and declaring it a terrorist group.

In an appeal filed by their counsel, Ifeanyi Ejiofor, the group submitted that the Judge who ordered their proscription, was constitutionally wrong and urged the Court of Appeal to set aside the entire decision of the Federal High Court.

Naija News recalls that Justice Adamu Kafarati of the Federal High Court had in a judgement on September 22, 2017, based on an ex parte application by Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), proscribed the Indigenous People Of Biafra (IPOB)

The proscribed group among other things, argued that contrary to provisions of the law, in which President Muhammadu Buhari was expected to sign the memo giving approval to the AGF’s request for the proscription of IPOB, it was signed by the Chief of Staff to the President, Mr. Abba Kyari.

“The trial judge erred in law, when he ruled that the mandatory statutory condition requiring president’s approval, under Section 2 (1) (C) of the Terrorism (Prevention) (Amendment) Act, 2013, was satisfied, on the authority of the Memo of the Honourable Attorney General of the Federation to the President dated September 15, 2017, thereby occasioning a miscarriage of justice,” IPOB argued.

“A cursory look at the Memo of the Attorney General of the Federation dated 15th day of September 2017, addressed to President Muhammadu Buhari, being relied upon or referred to by the learned trial judge, as constituting the mandatory President’s approval granted before an application Exparte for the proscription of the appellant’s activities and its designation as terrorist organisation, was made to the court, shows that it is a mere memo from the Attorney General of the Federation to the President requesting for the said President’s approval, prescribed under Section 2 (1)(C) of the Terrorism Prevention (Amendment) Act, 2013, and not the mandatory President’s approval envisaged under the Act.

“The purported President’s approval dated the September 18, 2017 addressed to the Hon. Attorney General of the Federation & Minister of Justice, captioned “Approval of the President, Commander-In-chief of the Armed Forces for the declaration/proscription of Indigenous People of Biafra (IPOB) as a Terrorist Organization pursuant to section 2(I) (A) (B) & (C) of the Terrorism Prevention (Amendment) Act 2013”, was signed by ABBA KYARI, designated as Chief of Staff to the President, and was not signed by the President as required under Section 2 (1)(C) of the Terrorism Prevention (Amendment) Act, 2013.

“Under Section 40 of the Terrorism Prevention (Amendment) Act, 2013, which deals with the interpretation of words or phrases, the word “President” as used in the Act, refers and only means the President of the Federal Republic of Nigeria, and acts specified under the Terrorism Prevention (Amendment) Act to be done by the President must be done by the President himself, the Act does not provide for this specialised power to be delegated to any officer, staff or personnel of the President to act, on behalf of the President.

“The important condition that the President will have to give his approval was neither satisfied by the Attorney General’s memo of September 15, 2017 nor corrected by the purported approval signed by the Chief of Staff to the President.

“There was no valid approval given by the President in the Memo, in satisfaction of the mandatory requirement under section 2 (1)(C) of the Terrorism Prevention Amendment Act, 2013.”