The Court of Appeal, Abuja Division, on Thursday, reserved judgement in an appeal filed by the proscribed Indigenous People of Biafra (IPOB) challenging its proscription as a terrorist organisation by the Federal Government.
A three-member panel of Justices of the Court led by Justice Hamma Barka reserved judgement in the matter to a date that would be communicated to parties in the matter after the Federal Government and IPOB, through their respective lawyers, adopted their final briefs of argument.
While a counsel from the Federal Ministry of Justice, Oyin Koleosho, announced his appearance for the federal government, IPOB was represented by a team of lawyers led by Chukwuma-Machukwu Umeh, SAN.
The detained leader of the IPOB, Nnamdi Kanu, had earlier applied to be joined as an interested party in the appeal.
The IPOB is praying the appellate court set aside in its entirety the September 15, 2017 decision of the late former Chief Judge of the Federal High Court, Justice Abdul Abdu-Kafarati, which outlawed its activities in Nigeria.
The trial court proscribed IPOB on the strength of an ex-parte motion filed by the former Attorney General of the Federation (AGF), Abubakar Malami, SAN, on behalf of the Federal Government.
Justice Kafarati specifically declared illegal all activities of the group, particularly in the South-East and South-South regions of the country, and further restrained “any person or group of persons from participating in any of the group’s activities.”
The judge directed the AGF to ensure that he published the order proscribing IPOB in the official gazette, as well as in two national dailies.
In a follow-up ruling on January 22, 2018, the court dismissed a motion IPOB filed to challenge the legal validity of the proscription order, which it said was surreptitiously obtained by the AGF.
IPOB had alleged that the then AGF suppressed and misrepresented facts in the affidavit evidence he tendered before the court, adding that the proscription order was tantamount to declaring over 30 million Nigerians of Igbo extraction as terrorists.
While dismissing the motion, Justice Abdu-Kafarati said he was satisfied that IPOB constituted a threat to national security and rejected an argument that the group, not being a registered entity in Nigeria, could not be validly sued by the Federal Government.
The court maintained that the fact that IPOB claimed that it was registered in over 40 countries in the world aside from Nigeria, did not exculpate it from legal liabilities if it was found to have by its activities, violated any law in Nigeria.
However, in its five grounds of appeal, IPOB 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.
It told the appellate court that the lower court judge failed to evaluate, consider, or mention in his rulings the 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 neighbouring 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 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, are 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 organisation in the world), and none of these violent groups has earned the terrorist tag because the President most probably considered them as possessing or professing protected political beliefs,” IPOB said.
While urging the appellate court to allow the appeal, IPOB’s lawyer argued that the organisation was denied a fair hearing.
Counsel to the Federal Government, Koleosho, who denied the allegation, in his submissions, prayed the appellate court to dismiss the appeal.
The three-member panel of the Court of Appeal, after listening to the submissions, not counsel in the matter, reserved judgement to a date that would be communicated to parties.
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