October 17, (THEWILL) – The Indigenous People of Biafra (IPOB) has told the Abuja division of the Court of Appeal that the memo written by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), to President Muhammadu Buhari, which was relied upon by the Federal High Court to proscribe and declare it a terrorist organisation was signed by the late Chief of Staff to the President, Abba Kyari.
IPOB said the signing of the memo by Abba Kyari contravened the clear provisions of the Terrorist Prevention Act, which provided that the approval shall be signed by the President of the Federal Republic of Nigeria.
This is contained in the amended brief of argument filed in the appeal challenging the proscription and classification of the group as a terrorist organization.
IPOB further accused the Federal Government of discrimination against it by proscribing it activities and declaring it a terrorist group.
“The Hon. trial court not validate the unconstitutional behaviour of the Respondent discriminatory act by applying for the declaration and proscription of Appellant and the President purportedly approving the same whereas their Fulani Herdsmen (the 4th Most Deadly Terrorist Group in the world) who move freely with AK.47 murdering, killing indigenous people all over Nigeria and grapping their lands were never condemned and or proscribed and whether there was even a valid approval by the President”, it said.
Specifically, the appeal marked CA/A/214/2018, and filed by the lead counsel to IPOB, Chukwuma-Machukwu Ume (SAN), is queried the decision of the Abuja division of the Federal High Court, in suit No: FHC/ABJ/CS/871/2017, which proscribed and declared IPOB as a terrorist group.
The Federal Government, through the Attorney-General of the Federation, had on September 20, 2017, approached the Federal High Court via an exparte application brought pursuant to Section 2(1) of the Terrorism (prevention) Act 2013, to declare and proscribe IPOB, as a terrorist organization among other reliefs.
The former Imo State Attorney-General said that upon the information in the newspapers, his client on September 22, 2017 applied for the setting aside of the order of the trial court made on the 20th September 20, 2017.
The group submitted however that the trial court had while dismissing the Appellant’s application, erroneously held: The word “the judge in chambers may on an application made by the Attorney General…” presupposes that the application is to be made Exparte. …. the important condition is that the president will have to give his approval and this had been complied and the presidential approval was on the memo the Honourable made to the president dated 15th September, 2017.”
Dissatisfied with the entire ruling of the trial court, IPOB appealed to the Court of Appeal urging it to set aside the decision as well as the consequential orders made b the court.
