On Thursday, the Court of Appeal in Abuja reserved its judgment on an appeal from the Indigenous People of Biafra (IPOB), challenging its designation as a terrorist organization by the Federal Government. IPOB’s appeal requests the court to overturn the 2017 ruling by the late Justice Abdul Abdu-Kafarati of the Federal High Court, which banned its activities across Nigeria.
The 2017 prescription followed an ex parte application by former Attorney General of the Federation (AGF) Abubakar Malami (SAN). Justice Abdu-Kafarati declared all IPOB activities illegal, focusing on its presence in Nigeria’s South East and South-South regions, and restrained any participation in the group’s activities, stating it posed a threat to national security. Justice Abdu-Kafarati also refuted the argument that IPOB could not be sued as it was not registered in Nigeria, noting that IPOB’s international registrations did not exempt it from Nigerian law.
Further challenging the proscription order, IPOB argued in court that the AGF misrepresented facts to secure the initial ruling. The group contended that the proscription order unfairly labeled over 30 million Igbos as terrorists, alleging the AGF had not provided sufficient evidence to substantiate the terrorism claim. IPOB’s appeal highlighted that the trial court did not properly consider its evidence showing that IPOB’s activities, largely peaceful demonstrations, did not meet the legal threshold for terrorism under Nigerian law.
The Court of Appeal panel, led by Justice Hamma Barka, reserved judgment on the matter after hearing from both sides. Mr. Oyilade Koleosho, representing the AGF, argued for the dismissal of the appeal, while IPOB’s counsel, Chukwuma-Machukwu Umeh (SAN), called for the proscription to be overturned, citing a lack of fair hearing.
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