By Vivian Okejeme Abuja
The proscribed Indigenous People of Biafra, IPOB, has approached the Court of Appeal in Abuja challenging the court to set aside an order that proscribed and designated it as a terrorist organisation.
The Acting Chief Judge of the Federal High Court, Justice Abdul Abdu-Kafarati, had on September 15, 2017, through an ex-parte motion filed by the federal government, outlawed activities of IPOB in Nigeria.
Also, on January 22, 2018, the court dismissed a motion filed by IPOB to challenge the legal validity of the proscription order which it said was surreptitiously obtained by the AGF.
The group alleged that the AGF suppressed and misrepresented facts in the affidavit evidence he tendered before the court, adding that the proscription order was tantamount to declaring over 30million Nigerians of Igbo extraction as terrorists.
Meanwhile, IPOB in its five grounds of appeal, 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.
He maintained that the lower court failed to evaluate, consider or mention in his rulings, affidavit evidence that was tendered to establish that IPOB was not a violent organisation.
“Proper findings of facts built on a meticulous evaluation of Affidavit evidence placed before the Court below, will resolve whether the activities and characters of the Appellant as clearly distinguished vide compelling exhibits placed before the Court, meet the threshold definition of terrorism acts, as contemplated under Section 2 (i) (a) (b) & (c) of the Terrorism Prevention (Amendment) Act, 2013.
“The Appellant’s activities as contested in its written submission before the Trial Court, strongly supported by credible Affidavit evidence falls short of acts of terrorism as contemplated under Section 2 (1) (A) (B) & (C) of the Terrorism (Prevention) (Amendment) Act; this submission was not considered by the Learned Trial Judge.
“The Learned Trial Judge justified the granting of the Exparte Order of 20th September 2017, vide finding of facts predicated on issues he formulated suo motu, ostensibly closing his eyes to facts, as well as documents that show that the Appellant is a group of persons holding common political belief largely made up of indigenous people of Igbo extraction and other neighboring regions merely exercising their constitutional rights to self-determination, within the bounds of relevant international instruments and conventions.
“Affidavit evidence placed before the Trial Court shows in clear terms that the Appellant does not possess any form of arms, or weapons in the exercise of their constitutionally guaranteed rights; or have any history of violence or had engaged in any form of killings; the activities of the Appellant are essentially characterized by moving in groups with cardboards and placards in their hands, singing, blowing whistles and flutes, in agitation for self-determination; these compelling facts clearly supported by credible evidence were not evaluated by the Court below in its finding of facts.
“Activities of the Appellant as demonstrated before the lower court, is in sharp contrast with characters of notorious groups that have even used violence such as FULANI HERDSMEN (which has been declared the 4th most dangerous terrorist organization in the world), and none of these violent group has earned terrorist tag, because the President most probably considered them as possessing or professing protected political beliefs”, IPOB added.
No date has been fixed for hearing of the appeal.
