The Indigenous People of Biafra has rejected the Federal Government’s proscription of the organisation, calling it a “blatant perversion of the rule of law” and an attempt to subvert justice through secrecy, following their failure to achieve the same result in an open, contested hearing.
In a statement issued on Sunday, IPOB’s spokesperson, Emma Powerful, called for the immediate reversal of the “unconstitutional” proscription order and a return to the rule of law, as upheld by Justice Binta Nyako’s ruling.
The group argued that the continued proscription of IPOB was an abuse of court processes and a violation of Section 36 of the Nigerian Constitution, which guarantees the right to a fair hearing.
Powerful stated, “The family of IPOB wishes to bring to the attention of the global community the egregious duplicity and outright illegality that underpins the so-called proscription of our organisation by the Federal Government.”
He emphasised IPOB’s commitment to justice, fairness, and the rule of law, and categorically denounced the Federal Government’s actions to criminalise their peaceful movement through corrupt and unconstitutional means.
The statement referenced a pivotal March 1, 2017, ruling by Justice Binta Nyako in the case of Federal Republic of Nigeria v. Nnamdi Kanu & Ors (Suit No: FHC/ABJ/CR/383/15).
IPOB claimed that the judge found no evidence to support the prosecution’s claim that it was an unlawful or proscribed society.
Justice Nyako’s ruling, which struck out charges related to the alleged unlawfulness of IPOB, remains unappealed and stands to this day.
IPOB accused the Federal Government of undermining this fair ruling by resorting to an ex parte proscription order obtained from Justice Abdul Kafarati in the same Federal High Court.
According to IPOB, the ex parte order was a deliberate attempt to circumvent justice and achieve through secrecy what the government could not accomplish in an open hearing.
“The so-called proscription secured without notice to IPOB or our legal representatives is a blatant violation of Section 36 of the Nigerian Constitution,” Powerful continued. “It is a flagrant abuse of the court process.”
The group also pointed out that the statute enabling the proscription of an organisation requires a “judge in chambers” hearing with notice to the affected parties, not an ex parte proceeding that excludes them.
IPOB argued that anyone supporting the proscription, including those who rely on subsequent court affirmations, is either ignorant of the law or complicit in its abuse.
They further noted that the proper court to determine IPOB’s legal status is Justice Nyako’s court or Justice Omotosho’s court, where related matters are being adjudicated with due process.
IPOB concluded by calling on the international community, human rights organisations, and advocates of justice to take note of what they termed a “travesty.”
The group reaffirmed its commitment to peacefully advocating for the rights of the Biafran people and demanded the immediate reversal of the unconstitutional proscription order.
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