By Olaitan Ibrahim
The Court of Appeal on Thursday affirmed the judgement of the lower Court which outlawed the Indigenous People of Biafra (IPOB) and described the body as a terrorist organization.
The appellate court in a unanimous decision read by Justice Hamma Barka held that it found no reason to set-aside the order the Federal Government got against the group.
The court also said the Federal Government did not violate any law in proscribing IPOB.
The appellate court noted that activities of the group are threats to the national security and continued existence of Nigeria.
IPOB, in the appeal which it filed through its lawyers led by Chukwuma-Machukwu Umeh, has urged the appellate court to set aside in its entirety, the ruling/final decision of the high court.
It alleged that the then AGF suppressed and misrepresented facts in the affidavit evidence he tendered before the court.
He claimed the proscription order was tantamount to declaring over 30million Nigerians of Igbo extraction as terrorists.
But the three-member panel of the appellate faulted claim by Chukwuma Machukwu Umeh that the procedure adopted by the Federal Government in proscribing IPOB was flawed.
They held that that the Federal governor Govt fully complied with the provisions of the relevant laws, particularly section 2 (1) of the Terrorism (Prevention) Act by adopting the ex-parte proceedings.
He said: “Such ex-parte proceedings, unless tainted, does not constitute any breach of the right to fair hearing of parties before the court.”
Justice Barka adopted the position of the Supreme Court in the case of Dokubo Asari against the Federal Republic of Nigeria to the effect that where national security is threatened or there is the likelihood of it being threatened, human rights or individual rights or those responsible takes a second place.
“Human rights or individual rights must be suspended until national security can be protected or well taken care of. This is not anything new.
“The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is certainly greater than any citizen’s liberty or rights
“While the security of this nation is in jeopardy, and it survives in pieces rather than in peace, individual’s liberty or rights cannot exist.”
Justice Barka said there is no doubt that IPOB, based on its activities, was infiltrated by hoodlums, operating and surviving on mayhem, which is worrisome and quite evident to all well meaning Nigerians.
According to him, since IPOB has been linked to violence, the Federal Government cannot take the blame for proscribing the group and designating it a terrorist organisation.
The appellate court also also said there were evidence that then President Muhammadu Buhari gave approval for the then Attorney General of the Federation (AGF), Abubakar Malami (SAN) to apply to the court got the proscription order in compliance with section 2(1) of the Terrorism (Prevention) Act.
Recall that former Chief Judge of the Federal High Court, Justice Abdul Abdu-Kafarati, had in a ruling he delivered on September 15, 2017, outlawed operation of IPOB in Nigeria.
The proscription order followed an ex-parte motion the former Attorney-General of Federation and Minister of Justice, Mister Abubakar Malami, filed on behalf of the Federal Government.
Justice Kafafati outlawed all activities of IPOB, particularly in the South-east and South-South regions of the country as illegal.
He also barred any person or group of persons from participating in any of the group’s activities.
He also directed the AGF to publish the proscription order in the official gazette, as well as in two national newspapers.