Tag: Abubakar Malami

  • Alleged $1.1bn Malabu scam: Why Adoke must be prosecuted, by Malami

    Alleged $1.1bn Malabu scam: Why Adoke must be prosecuted, by Malami

    The Minister of Justice and Attorney-General of the Federation (AGF) Abubakar Malami (SAN) gave reasons yesterday why a Federal High Court in Abuja should not allow his predecessor’s case, challenging a pending charge against those linked with the alleged $1.1bn Malabu Oil scam.

    One of Malami’s predecessors, Mohammed Adoke (SAN), named with some others in a charge filed by Economic and Financial Crimes Commission (EFCC) is challenging his inclusion as defendant in the charge.

    At the hearing of the suit by Adoke yesterday, Malami argued that since Adoke  cannot hide under the civil suit filed before the court to evade being prosecuted on the pending five-count charge filed against him and others by the EFCC.

    Represented by the Permanent Secretary and Solicitor-General of the Federation of the Federal Ministry of Justice, Dayo Apata, Malami added that his predecessor’s suit could not be used to truncate a criminal trial initiated by the EFCC.

    Malami contended that Adoke’s suit disclosed no reasonable cause of action, adding that it could not be used to stop a criminal case.

    By his suit filed in May 2017, Adoke wants the court to declare illegal, his prosecution by the EFCC in reation to his involvement in the deal between Malabu Oil and Gas Limited and the Federal Government over the oil field covered by the Oil Prospecting Licence 245.

    Arguing the plaintiff’s case yesterday, Adoke’s lawyer, Kanu Agabi (SAN), a former AGF, urged the court to grant his client’s prayers.

    Agabi prayed the court to hold that the plaintiff had not done any wrong for obeying the President’s directive.

    Agabi drew the judge’s attention to paragraphs 2 and 3 of Exhibit 19, a document in which Malami had, in his legal opinion sent to the Acting Chairman of the EFCC, Ibrahim Magu, noted that the proof of evidence in the case file did not link Adoke and other defendants charged to the offences disclosed.

    Apata explained that the letter by the AGF, which also urged the EFCC to carry out further thorough investigations, “does not remove the culpability of the plaintiff”.

    Dated September 20, 2017, the letter cited by Agabi stated, “Having fully examined the entire case file, I am inclined to request you to reconsider the charge in relation to the composition of the parties, the offences, the proof of evidence and the case summary in view of the fact that nothing in the proof of evidence appears to have directly linked the parties to the offences as charged.

    “A curious observation of the entire file, clearly indicates that the proof of evidence is unlikely to support the counts which border on fraud, conspiracy and money laundering.”

    Apata drew attention to the concluding part of the letter which, he said, only called for further investigation, but did not exonerate Adoke.

    The said concluding part of the letter read:  “On the above grounds, I am at the considered view that there is the need to consolidate on the charges and the matter be thoroughly investigated, especially regarding the allegations of wrongdoing in connection with the $1.1bn USD in order to satisfy the constituent elements of offences.

    “You are to also take steps to urgently file an application for a worldwide mareva injunction and or the forfeiture of the assets of the beneficiaries of the $ 1.1bn  pending the conclusion of your investigation in the areas above stated.”

    Trial judge, Justice Binta Nyako has adjourned to February 28 for judgment.

  • Injurious falsehood: Trial of Sen. Misau commences Jan. 29

    Injurious falsehood: Trial of Sen. Misau commences Jan. 29

    An FCT High Court Maitama, on Monday adjourned until Jan. 29, commencement of trial of Sen. Isah Misau (APC-Bauch-Central), charged with injurious falsehood.

    Misau was dragged before the court by the Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami (SAN),  on a five-count charge.

    The charge bordered on injurious falsehood against the Inspector-General of Police, Ibrahim Idris, Chairman, Police Service Commission, Sir Mike Okiro and the Nigeria Police Force.

    Read also: Misau ’s arraignment adjourned till Thursday

    The offences, he alleged, contravened the provisions of   Section 393 (1) of the Penal Code.

    He was first arraigned before Bello on October 19, and he pleaded not guilty to the five-count charge and was admitted to bail in the sum of N5million.

    At an earlier sitting on November 28, Dr Alex Izinyon (SAN), informed the court that he had the fiat of the Attorney-General of the Federation to take over the matter as prosecution counsel.

    He further informed the court that following the directive, he filed two applications before the court, dated Nov. 28 on the same date.

    Iziyon told the court that the first application sought to correct some of the five-count charge as well as add two other persons to it.

    The second application he said was challenging the propriety of Misau to issue subpoena on the Inspector-General of Police to give the defendant certain documents in his possession as well as to testify for him.

    He stated that the application sought the leave of the court to set aside the subpoena issued on the I-G.

    Responding to this, counsel to the senator, Joshua Musa (SAN), declared that the move by the prosecution to amend the charge was unnecessary as the charge in the first instance was irregular as it did not have the seal of the lawyer who filed it.

    Musa informed the court that the defence would file a preliminary objection, adding that until the original charge was regularised, it could not be amended.

    Responding to this, Izinyon stated that the original charge was filed by the Office of the AGF, adding that the charge was read to the defendant in court and his plea was taken without any objection to it by his counsel.

    The judge, Justice Ishaq Bello, ruled that if the amendment was meant to correct the perceived error in the original charge, it should be allowed to be amended.

    He adjourned the case until January 29

    NAN

  • Senate queries AGF over plot to stop Maina’s probe

    The Senate on Tuesday asked the Attorney General of the Federation and Minister of Justice, Abubakar Malami, to explain to Nigerians why he has been running around the courts, seeking to stop the investigation by National Assembly into how the former chairman of the Presidential Pension Reform Task Team, Abdulrashid Maina, was surreptitiously reinstated into the service.

    Maina was secretly reinstated as Assistant Director, Ministry of Interior, after he sneaked into the country.

    In a statement issued by the Chairman of Senate Committee on Media and Public Affairs, Senator Aliyu Sabi Abdullahi, the upper chamber said it was surprised that the AGF who had utilized the opportunity given to him by both chambers of the National Assembly to state his case on the Maina saga has been trying to stop the National Assembly’s investigation on the matter.

    Abdullahi said: “We are wondering what the AGF is afraid of. When he appeared before our committee, he was well received and fairly treated. He indeed expressed his happiness with the protection given to him by the committee handling the Maina case. Why then is it very important and urgent for him to stop the investigative hearing? What is the AGF trying to hide?

    “Let it be known that the legislature has the power of investigation on all institutions, bodies and individuals, particularly those who access funds that have been appropriated by us. We, however, expressed our commendation to the judiciary for upholding the principles of separation of powers and insisting on fair hearing. We believe that is the reason why the judge refused to grant the prayers of the AGF and rather insisted that the National Assembly should be put on notice and served all the court processes so that we could enter our own defence.

    “While we respect the position of the court and would respond accordingly, the Senate has further directed the committee investigating the Maina issue to expedite action and submit their reports on time. The Senate believes Nigerians are interested in knowing how, who , why and where of what is now known as the ‘Maina Gate.’ We definitely will not allow those who want the facts buried to prevail.”

  • It will be quite a shame if Abubakar Malami survives a cabinet reshuffle

    It will be quite a shame if Abubakar Malami survives a cabinet reshuffle

    Mainagate, therefore, brings into the open, Mr Malami’s obvious unsuitability for the post he currently holds.

    OF a truth, Nigeria has had a slew of totally incompetent and obfuscating Attorney-General’s and minister of Justice. During the Obasanjo era we had one who would always insist on giving his own interpretation of court judgments, however tangential, his was to the Lord Justices’ decisions.  And his was what got done. Bad as that was, and when you think Andoakaa must reckon as the worst ever, I do not think Nigeria has had the ill-luck of having an Attorney-General and Minister of Justice like the incumbent, Abubakar Malami, SAN, who has been fingered as the mastermind in the clandestine return to the country and subsequent re- appointment and promotion of former Chairman of the Presidential Task Force on Pension Reforms, Abdullahi Abdulrasheed Maina, as a director in the civil service. He is already claiming, against all the evidences, that there is a press war against him.

    What for? you’d like to ask.

    Malami first came to my, and I guess, national recognition, when he intervened in the inglorious Kogi State gubernatorial debacle where he was the face of the ethnic, as opposed to, the legal interpretation of that election. At the end of the day, they got what they wanted for a governor: a non Yoruba and Muslim, asides which, many could have very well committed suicide. He had then appeared before a group of journalists looking fresh, but somewhat timid and withdrawn. When he spoke, he confirmed my inner questions as to what attracted President Muhammadu Buhari to him in the first place.

    Apart from several leaks about Mr Malami being integral to the dizzying distrust amongst top aides and agencies in the Buhari administration, Malami’s hands have best been shown in the ongoing video: Mainagate, where he is already being cast as the lead actor. He had even cleverly claimed that he would like inquiries into the matter to be open to all Nigerians. And I call that being clever by half.

    It remains a modern day wonder how, and why, a country’s Attorney-General and Minister of Justice,  would set  himself upon a journey, all the way to as far  away as the Middle-East, to meet with a fugitive at law, claiming he took permission from the National Security Adviser who should ordinarily be profiting from his legal know how, and advice. We would never know all that transpired in Dubai, but we could be guided by Maina himself where, referring to a document in his trending tape, he claimed to have told the minister: “Sir, I will not let you go empty handed.”

    As soon as the minister came back from the trip, series of letters rapidly flew out of his office, asking, directing, and literally countermanding various persons and agencies of government, not only to recall, but to ensure that a huge sum of money, in back salaries, was paid Maina,  with a promotion as the icing on the cake. Rather than honourably own up to his faux pas, and accept responsibility by promptly resigning his appointment, Attorney-General Malami has been doing everything to find a fall guy in an aide, as if any letter could have left his office, without his say so, especially in a sensitive matter to which the Head of the Civil service of the Federation was clearly opposed. Till tomorrow, and according to the Head of Service, no letter of reabsorption into the service has been written to Maina.

    Mainagate, therefore, brings into the open, Mr Malami’s obvious unsuitability for the post he currently holds. This, however, should not stop the President from deploying him to where his capabilities would be more relevant and appreciated. Not to act, is for the president to further compound this unfortunate incident which could very well be the harbinger of far worse consequences.

    MINISTER ADAMU ADAMU MUST REALLY THINK NIGERIANS ARE FOOLS

    On this column on Sunday 3 September, 2017, I wrote as follows:

    “What therefore rankles  the most about the constitution of boards of agencies and parastatals under the ministry of education is not only that the ministry, under a minister of northern extraction, could gloat uproariously about being sensitive to federal character  in the appointments even with 15 out  of the 21 Chairmen in the colleges of education, 10 out  of  25 in the Polytechnics and  12 out of the 19 in the mostly regulatory agencies and para-statals under the ministry all going to the north, but that six months after that announcement, nothing has changed as none of the supposedly brand  new boards has been inaugurated. And let nobody ascribe this to President Buhari’s indisposition as examples are legion, even on You tube, of ministers inaugurating boards of their respective ministries. I do not see any of these appointments as doing anybody any favour since the boards and councils are meant to guide and assist the administration of these various institutions by putting in place policies and ensuring their compliance in running the institutions since, as we recently saw in the case of the National Health Insurance Scheme, many are they, who believe they can run them like their fiefdom”

    I wrote further: “How can officials of state be this arrogantly disrespectful of not only persons, but institutions of state too? But it is not only disrespect that is motivating this; rather, it is the crass opportunism being used to disguise ethnicity. As you read this, literally  all the executives running the core agencies in the ministry,  like TETFUND and UBEC, are under the headship of Northerners whilst Southerners are consigned to those agencies which require real hard work like the National Library of Nigeria and others in that category. It is obviously in order not to upset the apple cart that Adamu Adamu, who is being assisted as minister of education, by a highly experienced Professor from the South, is not keen about inaugurating the boards. It is beyond him to realise that most of these appointees, especially those from the South, are reputable and very busy people who, put in the lurch in this highly arrogant manner, are stopped from properly planning their schedules and itinerary. If anybody had said that after all the promises made by President Buhari at his party’s recent meeting Adamu Adamu would still retain the management of literally all the above parastatals in the hands of his Northern brothers, not many could have believed, who have come to trust President Buhari in spite of  everything. I think the only honourable thing to do is for Malam Adamu to immediately cause a retraction of his ministry’s publication of  April 22, 2017: by Mrs Chinenye Ihuoma, to the effect that ‘President Muhammadu Buhari has approved the reconstitution of the boards of 19 agencies and parastatals under the Federal Ministry of Education for a period of four years,  adding that in doing  so, the President took into cognizance provisions of the respective legislation with respect to composition, competence, credibility, integrity, federal character and geo-political spread.”

    If only these people would know what many of those sincerely supporting the president go through in the hands of those who believe that it is all a question of ‘monkey dey work, baboon they chop’, they will think less of ethnic solidarity. Why would it take you eight months, still counting, to inaugurate boards you constituted without being pushed.

    Enough then, of these bloody lies.

    CHIEF OLADEJI FASUAN BECOMES THE ASIWAJU OF AFAO-EKITI.

    All roads lead to the palace of the Alafawo of Afao-Ekiti, HRH Oba Ademilua, on Saturday, 9 December, 2017 as the multi-honoured, super Nigerian patriot, Chief Oladeji Fasuan, a retired public servant, per excellence, with glittering service spanning all the states of the old Western Region, and known, unarguably, as the leader of the effort that culminated in the creation of Ekiti State, is honoured with the title of the ASIWAJU OF AFAO.

     

    Time is 9.00am.

    Entertainment and related ceremonies will take place at his place under the usual Cocoa and Palm Tree Grove.

     

    Congratulations, Sir. Oye a mori.

  • Mainagate: Nothing will be swept under carpet, says Senate panel

    Mainagate: Nothing will be swept under carpet, says Senate panel

    The Senate ad-hoc panel investigating the surreptitious reappearance of former Chairman, Presidential Task Force on Pension Reform, Abdulrasheed Maina, Thursday vowed not to sweep anything under the carpet in its quest to expose how Maina re-emerged.

    The committee also said that its report would be submitted to the Senate in plenary for consideration in December.

    Chairman of the panel, Senator Emmanuel Paulker, stated this while briefing reporters after closed door session with the Attorney General of the federation and Minister of Justice,  Abubakar Malami.

    The meeting was held in his office apparently to keep praying eyes away from the discussion of the panel.

    Senator Paulker said that the committee resolved to conduct the investigation behind closed door because the committee wanted to do through probe of the issue assigned to it.

    The Bayelsa Central lawmaker said that the investigative hearing was shifted to his office on account of his personal discretion.

    He said, “It is at my discretion to hold the meeting my office.  All the four chairmen of the committee were present.  We don’t want a situation whereby media report will dictate section of our report.  The closed door session will allow us to do thorough investigation on the matter.”

    Paulker added, “Nothing will be swept under the carpet, the truth of matter will come out at the end of our investigation and the report will be submitted before Christmas.”

    The meeting yesterday will be the second time this week that Malami will appear before the panel.

    It is also expected that the AGF will appear before the committee next week.

    When the AGF appeared the committee on Tuesday, The Nation exclusively reported that Malami admitted that he met with Maina in Dubai, United Arab Emirates (UAE) last year.

  • AGF takes over forgery case in Edo

    AGF takes over forgery case in Edo

    Nigeria’s Attorney-General and Minister of Justice, Abubakar Malami, has taken over prosecution of an alleged case of forgery preferred against a Benin based lawyer, Barrister Dele Edokpayi and his firm, Circular Merchants Limited.

    A letter to the Registrar of the Federal High Court in Benin City and signed by Ajakaye Iyiola Julius, an Assistant Director of the Ministry of Justice, said the AGF took over prosecution of case in pursuant to Section 174 (1)(b) of the 1999 constitution as amended.

    The taking over of the prosecution of the case followed a petition by Barr. Edokpayi that proper investigation was not conducted by the police before he was charged to court.

    Barr. Edokpayi and his firm who have since been granted bail were arraigned in June on four count charges of forgery of a deed of transfer of A.O Obasuyi and Sons Sawmill Limited and forgery of application for Governor’s consent for the purchase of property housing A.O Obasuyi and Sons Sawmill.

    They were also alleged to have forged the signature of one B.I Obasuyi on the deed of transfer of A.O Obasuyi and Sons Sawmill and the signature of one Sam Obasuyi on application for Governor’s consent dated February, 2006.

    Speaking to newsmen in Benin City, Barr. Edokpayi said he was arrested in a gestapo style by the police while driving and was hurriedly charge to court without investigation.

    Barr. Edokpayi stated that he was being prosecuted because of a landed property he bought for N10m from three brothers including a former Attorney-General of defunct Bendel State, late Benson Obasuyi.

    He explained that the family approached him to rescue them when they couldn’t deliver to a first buyer and he paid out N4m.

    Edokpayi said he later paid each of the three brothers N2.8m each for the property which used to be their late father’s Sawmill firm.

    His words, “I have receipts for all the transaction we did in 2006, Why did they wait for Benson to die before they claimed I forged his signature? There are other properties I bought from them.

    Checks showed that Justice O.O Tokode has earlier granted a motion exparte for an interim order for the prosecution to possess the immovable property housing the A.O Obasuyi and Sons Sawmill limited being the subject matter of the offence of forgery preferred against the accused persons pending the determination of the motion on notice.

  • Malami, Oyo-Ita attend FEC, Danbazzau absent

    Malami, Oyo-Ita attend FEC, Danbazzau absent

    Some cabinet members linked to the recall to service of the former Chairman of the Presidential Task Force on Pension Reforms, Abdulrasheed Maina, attended the Federal Executive Council ( FEC ) meeting on Thursday.
    Maina, who was on the run for alleged N2 billion scam, got back into service without the knowledge of President Muhammadu Buhari.
    The President, on Monday had ordered disengagement of Maina from service and immediate investigation of how he was recalled.
    Those linked to the recall who attended FEC on Wednesday included the Attorney General of the Federation and Minister of Justice, Abubakar Malami.
    Malami, who arrived the Council chamber around 10:53 a.m had discussions with the Minister of Information, Lai Mohammed and the Minister of Education, Adamu Adamu, before the rendition of the National anthem.
    The Head of the Civil Service of the Federation, Mrs. Winifred Oyo-Ita, who was also linked to the issue, arrived the Council chamber around 10:54 a.m.
    But the Minister of Interior, Abdulrahman Danbazzau, whose Ministry Maina was posted to, was absent when the FEC meeting started on Thursday.
    The meeting commenced when President Buhari arrived the Council Chamber around 11 a.m.

    BREAKING: Police, DSS seal off venue of PANDEF’s Assembly in Port Harcourt

  • El-Rufai inaugurates committee on open governance

    El-Rufai inaugurates committee on open governance

    Gov. Nasir El-Rufai of Kaduna State, on Tuesday inaugurated the Open Government Partnership ( OGP ) Steering Committee for the full implementation of the initiative in the state.

    El-Rufai explained that the state keyed into the initiative to address negative citizens’ perception about government and its activities in the state.

    The governor inaugurated the committee in Kaduna after the commencement of a two-day workshop to develop the state OGP Action Plan.

    He recalled that a citizen perception survey carried out in 2015 with support from UKAID, showed that most people had lost confidence and trust in government.

    “It was to correct the anomalies in governance and ensure that the people who are the ultimate key stakeholders in determining how their resources should be utilized that the state government indicated interest to join OGP.

    “Today I am happy that Kaduna State has now fully joined the OGP.

    “This partnership will further entrench the commitment of Kaduna state government in area of fiscal responsibility, access to information and citizens’ engagement.”

    According to him, the State Development Plan 2016-2020 was developed after due consultations with the citizens and private sector, while CSOs were also involved in the preparations and implementation of the state budget.

    The governor disclosed that the administration had also developed a Citizens Feedback App for project monitoring.

    El-Rufa’i urged civil society organisations participating in the workshop to develop a comprehensive implementable plan that would benefit the people.

    In a remark, the Attorney General of the Federation and Minister of Justice, Abubakar Malami, appreciated the Kaduna state government for being the first to sign into the OGP at the sub-national level.

    “I also commend the state government for setting the pace and initializing several reforms in the area of good governance that have enhanced service delivery and infrastructural development in the state,” Malami said.

    The minister disclosed that reasonable progress has been made by the Federal Government since it commenced implementation of the OGP National Action Plan in January 2017.

    Earlier, the state’s Commissioner for Budget and Planning, Muhammad Abdullahi, explained that the OGP was a platform for governments to be more open, accountable and responsive to citizens.

    “We have subscribed to the OGP in order to improve on our transparency, accountability and citizens participation with a view to attract foreign investment and funding.”

    He urged participants at the workshop to design implementable action plan that reflects the yearnings and desires of the people.

    On his part, Mr Edetaen Ojo, Co-Chairman, OGP Nigeria, said that as a pioneer, Kaduna state holds the key to the success of OGP at the state level in the country.

    Ojo stressed that the concept of equal partnership between government and CSOs was essential to OGP implementation.

    The News Agency of Nigeria (NAN) reports that the state steering committee is headed by the Commissioner for Budget and Planning, with CSOs and government officials as members.

    NAN reports that the state subscribed to seven of the 14 commitment areas of the OGP.

    The areas include ensuring citizens’ participation in budget circle, open contracting, common reporting standard, promoting ease of doing business and improving compliance with Freedom of Information Act.

    The rest are developing permanent dialogue mechanism on transparency, accountability, and good governance with citizens and adopting technology-based citizens’ feedback on government projects and programmes.

  • APDA lauds CJN’s order on special courts for corruption cases

    APDA lauds CJN’s order on special courts for corruption cases

    The Advanced People’s Democratic Alliance ( APDA ) has commended the Chief Justice of Nigeria (CJN) Justice Walter Onnoghen, on his order that special courts be established for corruption-related cases.

    The party in a statement issued on Sunday in Abuja by its National Publicity Secretary, Mr Tosin Adeyanju, also applauded the whistle blower policy of the Federal Government.

    The Chief Justice of Nigeria had directed heads of various divisions of courts to establish a special court to tackle the delay in the hearing and determination of corruption and financial crime cases.

    Onnoghen also directed heads of courts to compile and forward to the National Judicial Council ( NJC ) comprehensive lists of all corruption and financial crime cases they are handling.

    APDA stated that the establishment of such special courts would help to fast track trial of corruption cases in the country.

    “The APDA lends its support to the Nigerian Judiciary under the headship of the Chief Justice of the Federation, Justice Walter Onnoghen.

    “We commend Onnoghen and the Federal government by extension for the historic policy of establishing special courts to fast track the trial of corruption cases in our fatherland.

    “The APDA also wishes to commend the Attorney-General and Minister of Justice, Abubakar Malami, for his unrelenting effort to bring all the persons who looted or aided in looting our commonwealth to justice.

    “We are of the unrepentant stance that corruption is the biggest challenge to the sustainable development of our country.

    “Only its eradication can return our nation back to the path of development, national cohesion and social inclusiveness.”

    APDA urged all Nigerians to stand up and expose corruption and corrupt practices in all ramifications.

    It commended Nigerians who spoke against the agents of destabilisation, while urging them to stand together and work towards a united, peaceful and prosperous nation.

    “APDA rejects hate speech and hateful conduct.

    “We urge the relevant agencies to resist agents and promoters of hate speech, impunity and disregard for our ethics and values.’’

    The party also urged all Nigerians to get their Permanent Voter Cards ( PVCs ) and ensure that only credible persons were voted into positions of public trust.

  • IPOB urges court to set aside proscription order

    IPOB urges court to set aside proscription order

    The proscribed Indigenous People of Biafra (IPOB) on Friday prayed the Federal High Court in Abuja should set aside the order of injunction proscribing the activities of the group.

    Recall that the Chief Judge of the Federal High, Justice Abdu Kafarati, on Wednesday in Abuja, granted Federal Government an interim injunction proscribing activities of the group.

    Kafarati granted the injunction in chambers after the Minister of Justice, Mr Abubakar Malami, had approached the court with an exparte motion urging the court to do so.

    The News Agency of Nigeria (NAN) reports that President Muhammadu Buhari had earlier given written approval for the proscription of the group, pending legal process.

    Governors of the Southeast states took the first step to ban the activities of the group after the military had declared it a militant terrorist group.

    NAN reports that Ifeanyi Ejiofor, counsel to IPOB, led Maxwell Okpara, Chinwe Umeche, Habila Turshak, P. M. Umegborogu and Augustine Ezeokeke to file the process on behalf of the group.

    The motion, with suit number FHC/ABJ/CS/871/17 was brought pursuant to Section 6(6) (1) (4) of the 1999 Constitution of the Federal Republic of Nigeria as amended in 2011.

    It was also brought under the inherent jurisdiction of the court.

    The office of the Attorney-General of the Federation was listed as respondent.

    The applicant averred that the grounds upon which the application was brought hinged on the fact that the Sept.20 exparte order made against it by the court was without jurisdiction.

    The lead counsel said the order granted against the entity was unknown to law.

    Ejiofor posited that there were clear suppression and misrepresentation of facts in the AGF’s affidavit evidence, pursuance to which the order was granted.

    “The order is unconstitutional, as it was made in clear violation of constitutionally guaranteed right of the Indigenous People of Biafra to self-determination.

    “It also violated Article 20(1) of the Africa Charter on Human & Peoples Rights, now domesticated into our law under (Ratification and Enforcement Act) (Cap 10) Laws of the Federation of Nigeria 1990.

    “It ran against the right to fair hearing, right to freedom of expression and the press.

    “It further violated the right 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,’’ Ejiofor said.

    According to him, a declaratory order cannot be made pursuant to an exparte application without hearing from the party against whom the order is made.

    He submitted that the Indigenous People of Biafra who were majorly of Igbo extraction had no history of violence in exercising their right to self-determination.

    “The Indigenous People of Biafra does not carry arms and has no history of arms struggle in the exercise of its constitutionally guaranteed right to self-determination.

    “Prior and during the military invasion of the South Eastern states, IPOB members had never at any time resorted to arm struggle or engage in acts of violence capable of threatening national security.

    Justice Binta Nyako of Federal High  Court No 4 had in her ruling delivered on March 1  held that the Indigenous People of Biafra was not an unlawful organisation.”

    Ejiofor further said that Justice Nyako’s decision still subsisted as it was not appealed against to be set aside by any appellate court.

    NAN reports that the matter is yet to be assigned to any judge of the court.