The Court of Appeal sitting in Abuja, has yesterday, affirmed the proscription of the Indigenous People of Biafra (IPOB) and its designation as a terrorist organisation. IPOB is a separatist group championing agitation for an independent state of Biafra which it wants carved out from the south-east and some parts of south-south Nigeria.
Recall that the Nigerian government, under President Muhammadu Buhari administration of in 2017, proscribed the separatist group.
Subsequently, a Federal High Court in Abuja formalised the proscription and labelled the group a terrorist organisation.
IPOB and its leader, Nnamdi Kanu, have dragged the federal government before many courts challenging the proscription of the group.
However, in October 2023, a State High Court sitting in Enugu voided the proscription and the designation of the group as a terrorist organisation.
Proscription affirmed
Accordingly, the Court of Appeal, in a unanimous decision by a three-member panel led by Justice Hamma Barka, upheld the judgement of the Federal High Court, which outlawed IPOB.
The court ruled that it found no reason to set aside the order the federal government secured against the IPOB group.
According to Justice Barka, the federal government through the high Court acted lawfully by proscribing IPOP whose activities has continued threaten the corporate existence of the nation’s security and continued existence as a country.
He resolved all the issues against IPOB and dismissed its appeal for lack of merit.
IPOB leader, Mazi Nnamdi Kanu, has through his lawyer approached the court in January 2023 challenging the Federal government and the South-East Governors’ Forum.
Consequently, Justice judge, A.O. Onovo, in his ruling, declared that going by the country’s Terrorism Prevention Act and the administrative action of the South-east Governors’ Forum and the federal government to proscribe IPOB contravened Section 42 of the Nigerian Constitution which prohibits discrimination on the basis of ethnicity.
Justice Onovo held that the proscription of IPOB was also a violation of Mr Kanu’s fundamental rights as enshrined under Articles 2,3,19 and 20 of the African Charter on Human and People’s Rights (Enforcement and Ratification) Act.
With the yesterday’s appeal court ruling means IPOB remains proscribed entity. However, the group and its leader may appeal the ruling at the Supreme Court.