![Appeal court's pronouncement over IPOB's illegal proscription is a betrayal of constitutional provision and a r**e of ...](https://img3.medioq.com/144/964/642567881449640.jpg)
03/02/2025
Appeal court's pronouncement over IPOB's illegal proscription is a betrayal of constitutional provision and a r**e of Justice - IPOB
IPOB Press Release
Published On The Biafra Post
Febuary 3, 2025
The Noble family and movement of the Indigenous People of Biafra (IPOB) worldwide condemn judgement of the appeal Court upholding the illegal, unconstitutional and discriminatory proscription of IPOB by late judge Abdul Kafarati is a r**e of justice and shameless disregard of the laws of Nigeria under which this injudicuous proscription was affirmed.
Firstly, it is elementary law that ex-parte decisions are only a stop gap measure designed to last no more than 14 days. This illegal act has now subsisted for nearly 8 years. This is clearly against the said same laws of Nigeria. It therefore stands to reason that some justices in Abuja under the influence of the haters of IPOB are those telling the courts which decisions to render regardless of the consequences to the damage such ridiculous judgements have on the sanctity of the rule of law and it's implications for the administration of common law in Nigeria.
The rule of law in the proscription of any organisation as provided for in the constitution of Nigeria is very clear.
1. You cannot use ex-parte court orders in a civil procedure to confer criminal liability on any individual or organisation as was done by Kafarati against IPOB. This is kindergarten law.
2. Before threat to national security can be invoked to justify any breach or violation of rights of individual IPOB members, a state of emergency MUST be declared in the affected areas. No state of emergency was declared in any part of the South-East or South South; neither was any public disorder attributed to IPOB to justify the proscription of our movement by Kafarati. Therefore the using threat to national security to justify a breach of a constitutionally guaranteed right, is a clear display of poor knowledge of the law.
3. The law states clearly that the President of Nigeria ought to sign the memo authorising the proscription of IPOB. As lawyers everywhere knows, when a law states how something should be done, that procedure must be followed. Court papers will show that neither Buhari nor former vice president Osinbajo signed this memo. Instead it was signed by the late Abba Kyari whom the law did not recognise nor give the authority to proscribe IPOB.
The courts in Abuja appear not to be adhering to the rule of law when it comes to this singular issue of illegal proscription of IPOB.
What Appeal Court Abuja appear to say in their ruling is that the Constitution of the Federal Republic of Nigeria, which is the supreme law that governs life in the country, is no longer supreme. The justices that affirmed the flawed ruling of Kafarati, failed the most basic test of any judicial panel worth its salt, when it elevated a flawed piece of legislation over and above a clear constitutional madate that states very clearly that Nigerian government cannot deprive any person his or her liberty or proscribe their activity without first placing them on notice regardless of whatever concocted reason the government may have. This is what the supreme law of Nigeria (constitution) says. Even a tomato seller knows that this is the basic position of the law. How long government controlled Abuja courts think they can continue this unedifying and shameless emasculation of common law is beyond comprehension. The law states quite clearly that you cannot use ex-parte motion to deny a group their fundamental right to freedom of association, but a supposed court of law said in their ruling that they disagree with the constitution. It begs the question therefore, between the dictates of the constitution and that of the courts, which one is superior; especially when the court is in clear contradiction with what the law says should happen.
Appeal Court went further to confirm that Buhari was not the President of Nigeria when IPOB was illegally proscribed, because it was the late Abba Kyari Chief of Staff to Buhari that signed the proscription order, when the law was clear that only Buhari should sign it. Abba Kyari was not the vice president either, assuming that Buhari was incapacitated and unable to sign it. Why didn't former Vice President Yemi Osinbajo sign the memo prescribing IPOB? Both former AGF Malami and late Abba Kyari decided to sideline Osinbajo and went on without authorisation from the National Assembly to assume the powers of president Buhari in violation of the laws of Nigeria.
Both Malami and late Kyari knew very well that a learned lawyer like Osinbajo would not have signed such a memo to proscribe IPOB because it is against the law. It is safe therefore to conclude that Fulani Janjaweed cabal is using their Abuja courts, presided over by Fulani judges and justices, to pervert the law and unleash judicially sanctioned violence against IPOB contrary to what the law says should happen.
Another curious and disturbing trend is how Fulani justices in Abuja courts abandon the rule of law and instead place dubious reliance on a ruling in Asari Dokubo's denial of bail application, to provide judicial cover for egregious violations of individual rights by citing non existent threat to national security.
How is it possible to transit from threat to national security- which in the case of IPOB only arose because our leader Mazi Nnamdi Kanu was received by a mammoth crowd of people at Ekwulobia, Abakaliki, Onitsha, Owerri, Port Harcourt and Aba- to that of a terrorist without anybody being charged or convincted of terrorism. When did addressing a crowd of people become a threat to national security that morphed into an act of terrorism? This the question any right thinking person must ask.
From threat to national security, a Fulani judge branded IPOB a terrorist organisation without proof of any act of terrorism being placed before any court in Nigeria. What sort of society allows the criminalisation of an activity that is protected by law. IPOB is an organisation seeking self determination by legal means, so how does that manifest as a terrorist act? Where is the terrorist act IPOB committed in October 2017 when it was proscribed? There is none and there will never be any. Instead it was the Nigerian Army that levied Operation Python Dance to kill, abduct and imprison IPOB members without any provocation whatsoever. This is the finding of the Supreme Court of Nigeria.
We re-echo what our lawyers said earlier their public statement to the effect that we would challenge this unconstitutional and perverse decision of the Appeal Court and will litigate to the fullest extent of the law, any person or persons that dare refer to IPOB as proscribed or outlawed organisation without proof of any attributable commission of terrorist act.
COMRADE EMMA POWERFUL MEDIA AND PUBLICITY SECRETARY FOR IPOB.
Follow the link to continue reading @
http://www.thebiafrapost.com/2025/02/appeal-courts-pronouncement-over-ipobs.html
👇🏼👇🏼👇🏼👇🏼👇🏼👇🏼👇🏼👇🏼👇🏼👇🏼👇🏼👇🏼👇🏼
http://www.thebiafrapost.com/2025/02/appeal-courts-pronouncement-over-ipobs.html
###xx