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Tag: proscription

  • IPOB appeals proscription order

    IPOB appeals proscription order

    The outlawed Indigenous People of Biafra (IPOB) has asked the Court of Appeal to upturn its proscription and declaration as a terrorist organisation.

    Justice Adamu Kafarati of the Federal High Court on September 22, 2017, made the order while ruling on an ex parte application by Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN).

    On January 18,  Justice Kafarati rejected a motion by IPOB, seeking among others, the reversal of the order.

    In an appeal filed yesterday by its lawyer Ifeanyi Ejiofor, IPOB urged the Court of Appeal to set aside the entire decision by the Federal High Court, including the order proscribing it and declaring  it a terrorist group.

    The group, in the appeal in which it raised five grounds, argued that the mandatory statutory condition requiring the President’s approval, under Section 2 (1) (C) of the Terrorism (Prevention) (Amendment) Act, 2013, was not met.

    It also argued that the memo purportedly giving an approval to the AGF’s request for the proscription of IPOB was signed by the Chief of Staff to the President, Mr. Abba Kyari, instead of President Muhammadu Buhari himself as stipulated by law.

    IPOB argued that “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.”

    It stated that: “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.”

    The appellant argued in the second ground of appeal that “the learned trial judge erred in law, when upon his formulation of issues arising for determination in the ruling delivered on the January 18, 2018, and in consideration therefore, arrived on findings of facts that were grossly faulted by non-evaluation of affidavit evidence placed before the court, and recondite issues of law set out for the trial court’s determination, by the appellant; thereby occasioning a miscarriage of justice.”

  • Court refuses to reverse IPOB’s proscription

    Court refuses to reverse IPOB’s proscription

    A Federal High Court in Abuja has rejected an application by Indigenous People of Biafra (IPOB) challenging its proscription.

    Justice Adamu Kafarati held that the proscription order made ex-parte on September 20, 2017, was validly made.

    He held that IPOB’s application, seeking the vacation of the proscription order, was unmeritorious and deserved to be dismissed.

    The judge resolved the three issues identified for the resolution against the applicant (IPOB).

    The first issue was whether IPOB, haven not been registered in Nigeria, could be sued at a Nigerian court. The second was whether the order made ex-parte, without hearing the group, was not a violation of its right to fair hearing.

    The issue related to whether the order banning IPOB was not a violation of its members’ right to freely associate.

    On the first issue, Justice Kafarati opined that since the applicant agreed that it was registered outside Nigeria, it means it was a foreign artificial person.

    He said as a foreign entity, IPOB was subject to Nigerian laws and could sue and be sued in Nigeria.

    On the second issue, the judge held that the order ex-parte banning IPOB was validly made, the necessary conditions under Section 21 of the Terrorism Prevention Act (TPA) haven been met.

    He said under the section of the TPA, what was required was for the Attorney-General of the Federation (AGF) to cause an application to be made to a judge in chambers after obtaining the consent of the President.

    The judge held that under Section 45 of the Constitution, a court was empowered to make such a prescription order, where the activities of a group of people threaten national security and the liberty of other members of the society.

    Justice Kafarati dismissed the application and awarded N500,000 cost against IPOB.

    The group’s lawyer, Ifeanyi Ejiofor, thanked the judge for his “well considered ruling,” but said he will appeal the decision.

    But Ohanaeze Ndigbo has decried the judgment.

    A statement by the President-General, Nnia Nwodo, said: “It is unfortunate that our courts are allowing themselves to be used for unlawful and political ends. As defined by international standards, IPOB has done nothing to qualify being called a terrorist organisation.

    “Sadly, the Federal Attorney General in his parochialism, unmitigated bias and calumny, has not found it necessary to classify the Fulani herdsmen as terrorists, despite their classification by the Global Terrorist Index as the fourth deadliest terrorist organisation in the world.

    “Ohanaeze frowns at this nepotism, this denigration of our judiciary and this stigmatisation of our children.”

     

  • IPOB proscription: CSO urges U.S. to respect Nigerian laws

    A civil society organization, Stand Up for Peace Movement has called on the governmentý of the United States of America,  to respect Nigerian laws.

    The peace movement, ýduring a protest march to the US Embassy yesterday in Abuja over the comments of US government on the proscription of the activities of the Indigenous Peoples of Biafra (IPOB) by the federal government said Nigeria is a sovereign nation which shouldbe respected by the US.

    Comrade Richard Augustine, National Coordinator of the peace movementý said it is more ridiculous that the US Embassy was here in Nigeria all the time IPoB and its leader, Nnamdi Kanu, saturated and suffocated the public space with hate speech and did not deem it fit to urge restraint.

    “We know the US Outpost was monitoring the situation and would add the sin of habitual lies to it’s long list of transgressions if it claims otherwise.

    “The Embassy was there when Kanu and IPoB bragged about possessing nuclear weapons that could decimate a third of Nigeria and it looked the other way even though we all know the same country would froth in the mouth each time North Korea and nuclear weapon occur in the same sentence, the movement said.

    The group said the US $500 Million Syrian Train and Equip Program is allegedly connected with the container load of firearms that the Nigerian Customs Service has intercepted in recent months.

    “The US should, on the strength of its experience from these host of failures, learn to do the right thing and be told in clear terms that Nigeria will continue to prove to be difficult for such as we respect our laws and must be protected at all times.

    “If it cannot respect Nigerian law and institutions to acknowledge IPoB as a terror organisation, which it registered as a business in its own domain, the nation should at the very least refrain from meddling with Nigeria’s ability to legitimately curtail the threats posed by this proscribed group.”

  • Coalition lauds FG, Army over proscription of Biafra group

    The judgment by a Federal High Court sitting in Abuja proscribing the Nnamdi Kanu-led Indigenous People of Biafra [IPOB], and labeling them a terrorist group has been applauded by the Concerned Citizens Coalition of Nigeria [CCCN].

    The CCCN, an Abuja-based coalition group says it is happy with the judgment and commended the Military on being proactive in safeguarding every citizen of the country.

    In a press briefing held on Thursday, September 21, 2017 in Abuja, the CCCN through Dr. Musa Omale, its National President, said the Federal Government has taken the right step in the right direction.
    Parts of the press statement reads:

    “Dear Partners in Progress,

    The Federal High Court in Abuja under Acting Chief Justice Abdu Kafarati, on Wednesday, September 20, 2017, ordered that the Indigenous People of Biafra [IPOB], is a terror organization.

    The order also effectively designated any activity carried out under the name of the group as an act of terrorism.

    The Concerned Citizen Coalition of Nigeria (CCCN) lauds the Court Judgement proscribing the IPOB and its designation as a terror group.

    The judgment is a vindication of the concerns earlier expressed by the Nigerian Army that what troops are confronting in the South East is pure terrorism.

    The ruling should now put to rest any controversy over the nature of IPOB whose criminal activities have no connection with agitation for a fairer share of the nation’s resources.

    We commend the Nigerian Army for promptly identifying IPOB as the existential threat it is to the country and for not giving up even when aggressive propaganda was mounted to attempt ridiculing its assertion.

    The court order has vindicated the position of the Nigerian Army as the best friend of the Nigerian people and humanity that would stop at nothing until its mandate to defend the land from external and internal insurgencies against the county are all halted.

    Their selflessness, patriotism, and devotion to the country are quite commendable and must be saluted at all times.

    This coalition urges the Army to remain committed to the ideals of democracy in its onerous duties of defending the territorial integrity of our country from both internal and external aggressors in the country.

    We wish to commend those Nigerians that displayed uncommon patriotism to agitate that IPOB should be called what it is, a terror organization. Nigeria is bigger than any parochial interest and we must keep it so.

    It is important we are not taking the Boko Haram route again when people initially maintained an air of indifference because they chose to view the terror group from political, religious and ethnic perspectives.

    May we use this opportunity to call on the Nigerian Police Force and the Department of State Services [DSS], to immediately go after all the known IPOB terrorists other than its leader, Nnamdi Kanu.
    There are several videos showing the faces of these terrorists particularly the ones documenting the launch of their militant arm, the Biafra Secret Service.

    The terror group had boasted of having its cells outside of the South East, so attention should not only be focused on the area alone but the dragnet should be all over the place.

    Security agencies must also put the other separatist groups in the country under watch so that IPOB members do not migrate to such entities to continue terrorizing citizens.

    We appeal to the government to educate Nigerians, especially media practitioners, on the implications of advancing terrorist propaganda. The Anti-Terror law has strict provisions for anyone that engages in this.

    While ignorance is no excuse in law, it is nonetheless important to sensitize citizens about the provisions of this law especially as it affects communicating on behalf of terrorists.

    We, therefore, hope that stakeholders would pay heed and stop publishing contents from terrorists.

    Beyond successfully designating IPOB as a terror group, we urge the Federal Government to immediately commence dismantling the group’s network and its infrastructure. Its source of finance must be blocked and anyone that contributes to its funding should be appropriately dealt with.

    IPOB’s foreign connections should be probed and strongly worded communication should be sent to any country found to be hosting the terror group’s cells.

    On the domestic front, we urge that the government to begin to attend to legitimate agitations that are presented through recognized representatives.

    Our counsel at this point is that we should not make the mistake of localizing the call for fair treatment to one ethnic group. All the ethnic groupings in the country each have one grievance or the other.

    They should all be looked into without favoring one group over the other so that no one would again use situations that are collectively deplored as excuses to start terror groups.”

  • Presidency, PDP flay ACN’s stance on proscription of Boko Haram

    Presidency, PDP flay ACN’s stance on proscription of Boko Haram

    Opposition Action Congress of Nigeria (ACN) came under fire yesterday from the Presidency and the ruling Peoples Democratic Party (PDP) over its criticism of the proscription of Boko Haram and Ansaru by the government.

    The ACN on Sunday said although desirable, the proscription of the bodies violated the Constitution.

    AC N spokesman Alhaji Lai Mohammed said the Proscription order is capable of stfling the press in addition to tampering with the fundamental rights of Nigerians.

    But The Presidency in a statement by Senior Special Assistant to the President on Public Affairs, Dr. Doyin Okupe, said the position of the ACN lacks sound judgement.

    The statement said: “What its present action suggests is that were the ACN in power it would have done nothing to stop the needless destruction of lives and property by the terrorist group proscribed by the Federal Government.

    “Are we to believe then that the ACN is unhappy with the present peace and calm enjoyed by residents of the states under emergency rule? Are we to conclude that Alhaji Lai Mohammed and his party are uncomfortable with the fact that following the intervention of our military, that children have returned to school and that markets have reopened for business?

    “This latest uproar by the ACN about the order affecting or circumscribing press freedom is a blatant lie. It is not supported by reason, logic or law.

    “By stating that, “the offensive section of the Order is Section 5 (1), which prescribes a term of imprisonment of not less than 20 years ‘’for any person who knowingly, in any manner, directly or indirectly, solicits or renders support for the commission of an act of terrorism or to a terrorist group’’, is the ACN suggesting that terror should continue unabated and unchecked?

    “Is the party suggesting that government folds its arms and let its citizens be murdered in cold blood and properties destroyed at will?

    PDP National Publicity Secretary Olisa Metuh described the ACN’s accusation as “despicable and a clear indication of how far the opposition party can go to distort facts to support violence and cause disaffection among Nigerians”

    He said: “This deliberate distortion of facts clearly betrays ACN’s support for such groups as well as the heinous attempt to whittle efforts by the Federal Government and well-meaning Nigerians to end insurgency in the country.

    “For the avoidance of doubt, no section of the Order stifled the press; violated or seeks to violate any provision of the constitution. Instead the Order reinforced the provisions of the constitution guaranteeing the security and welfare of all Nigerians.

     

  • Reps back Jonathan on Boko Haram proscription

    Reps back Jonathan on Boko Haram proscription

    The House of Representatives has backed President Goodluck Jonathan’s proscription of terrorist group, Boko Haram.

    The lawmakers said he extremist group has damaged the country’s image in the comity of nations with its nefarious activities.

    The Christian Association of Nigeria (CAN) also backed the government’s action, saying it was long overdue.

    Addressing reporters yesterday in Abuja, House spokesman Zakari Mohammed, described the government’s action as the right step in the right direction.

    He said the House would support the President on the matter.

    Mohammed said: “We have not minced words over the condemnation of Boko Haram. If you look at our legislative agenda as the Seventh House, you will discover that we promised to make laws for peaceful co-existence of the country.

    “As a House, we have to support the President on this, because he took the right step in the right direction. We believe it is even coming too late. We believe that those who became aggrieved and got themselves into it did not act in the interest of the nation.

    “We want to live in a peaceful atmosphere. This is an association of people and now a law has come to criminalise such an association. It is indeed a right step in the right direction.”

    The House spokesman also said Jonathan acted within confines of the law, adding: “Mr President has the power to take such decisions within the limits of the law. Anything that will bring peace and promote brotherliness in the country, the Seventh Assembly is willing to support it.”

    CAN hailed the government’s decision to gazette Boko Haram and another sect, Ansaru, as terrorist groups. The nation’s Christians body called for an immediate dissolution of the Boko Haram amnesty committee, saying its position on the committee has been vindicated.

    The Federal Government, on Tuesday, issued a statement outlawing the Jamaatu Ahlis-Sunna Liddaawati Wal Jihad, aka Boko Haram, as well as the Jama’atu Ansarul Muslimina Fi Biladis Sudan, also known as Ansaru. Both groups have unleashed mayhem on the polity in the North with 20 years jail term for anybody associating with them.

    CAN’s General Secretary, Rev. Musa Asake, spoke with The Nation after a media briefing on the launching of a nationwide campaign for the restoration of core values in the society. The event is expected to hold on July 14 in Abuja.

    He said: “CAN has always been on one position; it has always believed that these groups should have been designated before this time. CAN President, Pastor Ayo Oritsejafor, has spoken on this and he got opposition from people. Even when he addressed the Congress in the United States, some people back home were saying he should be arrested. But we thank God that we are alive today to witness what Pastor Oritsejafor said.

    “The Federal Government was very slow. But thank God. The government has woken up from its sleep to know that this is an evil group which does not know God. Its members were killing Christians, burning down churches. People were not saying much. The so-called northern elders were not saying much. But God has unveiled them; we now know that these are criminals. They are just blood-thirsty people; they don’t mean well for Nigeria.

    “If you saw the unveiling of the bushes, where they have their syringes, they drugged themselves. They had condoms; for what?”