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El-Zazakky: Falana Says Shiites’ Proscription Illegal

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Falana

Human rights and constitutional lawyer Femi Falana (SAN) has described the proscription of the Islamic Movement in Nigeria (IMN) also known as Shiites by the Federal Government as immoral and illegal.

Naija News had reported that the federal government on Friday obtained the necessary court order to proscribe the Islamic Movement Organisation as a terrorist group.

The ex parte application marked FHC/ABJ/CS/876/2019 was filed in the name of the “Attorney-General of the Federation” before the court on Thursday.

The matter was argued on behalf of the government by the Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr Dayo Apata.

However, the group had no representatives in court on Friday.

Justice Nkeonye Maha issued the order in a ruling in which she also designated the activities of the Shiite organisation in any part of Nigeria “as acts of terrorism and illegality”.

Reacting in a statement obtained by Naija News, Falana recalled that the Kaduna State government had proscribed the group in 2016 but that didn’t stop the group from carrying out its activities.

He warned that the administration of President Muhammadu Buhari is trying to force the movement underground.

Falana urged the federal government to withdraw the proscription, stressing that it would not stand.

“The IMN was proscribed by the Kaduna State government in 2016. The proscription was gazetted. But IMN has continued to operate in defiance of the proscription,” the statement reads.

“IPOB was proscribed in 2017 by the Buhari regime via an ex parte order issued by the federal high court. In line with the court order, the proscription was gazetted. But IPOB has continued to operate in spite of the proscription.

“However, in a desperate bid to prevent the Shiites from demanding for the release of their detained leader, Elzakzaky and his wife, from the custody of the State Security Service the Buhari administration has proscribed the Islamic Movement of Nigeria.

“Since there are millions of Shiites who belong to the IMN the federal government will soon realise that it has merely driven the body underground.

“In 2003, General Buhari and other members of the defunct All Nigeria Peoples Party held a rally in Kano to protest the rigging of the 2003 General Election by the Olusegun Obasanjo regime.

“The rally was violently attacked by the Police on the ground that the ANPP leaders did not obtain police permit.

“On the instructions of General Buhari and other ANPP leaders, I challenged the disruption of the rally and the legal validity of police permit for rallies and political meetings at the federal high court.

“The case was won by the ANPP. Apart from condemning the violent disruption of the rally by the Police, the Court declared that police permit for rallies was illegal and unconstitutional.

“The appeal filed against the judgment by the Police was dismissed by the Court of Appeal.

“In fact, the Justices of the Court of Appeal unanimously held that the right of Nigerians to protest against the policies of the government is part of the freedom of expression guaranteed by the Constitution.

“Therefore, the proscription of the IMN for the demonstrations of the Shiites against the disobedience of court orders by the Buhari regime is immoral and illegal in every material particular.

“It is particularly opportunistic on the part of the Sunnis occupying public offices to use the instrumentality of the State to liquidate the Shiites.

“The illegal proscription of the IMN should be withdrawn. It will not stand as the fundamental right of the Shiites to freedom of religion is constitutionally guaranteed,” Falana stated.

Source: Naija News

Ogbolu George is a graduate of Mass Communication from the University of Benin. He loves politics, is a movie addict and a die-hard Arsenal fan. George is a Senior Content Creator at Naija News.