The Presidency has faulted the statement credited to the Senate President, Bukola Saraki, that the declaration of Indigenous People of Biafra (IOB) as a terrorist organization by the Nigerian Army was illegal.
In a statement issued by the Special Assistant to the President on Prosecution, Okoi Obono-Obla, the Presidency noted that the decision by the Nigerian Army was in order stressing that the Senate President lacked the power to declare as illegal actions taken by the executive arm of government. The Special Assistant explained that Saraki failed to recognize the distinction between declaration and proscription noting that what the Army did was mere declaration. He disclosed that the Attorney General had since commenced the process of getting the group proscribed.
“The military, as part of the executive branch of government, has the right to declare that IPOB is a terrorist organization for the purpose of quelling the threat posed to national security and corporate existence of the country by the unwholesome and nefarious activities of the organization. So, there is nothing absolutely wrong or unconstitutional for the military, for operational reason, to declare IPOB a terrorist organization."
He explained that the "declaration of IPOB as a terrorist organization does not amount to proscription of IPOB. Proscription of IPOB will surely be in accordance with the procedure and processes underlined in the provisions of Section 2 (1) of the Terrorism (Prevention) Act 2011.
“It provides thus: ‘Where two or more persons associate for the purpose of or where an organization engages in:
*(a) participating or collaborating in an act of terrorism;
*(b) promoting , encouraging or exhorting others to commit an act of terrorism ; or (c) setting or pursuing acts of terrorism, the judge in chambers may, on application made by the Attorney General, the National Security Adviser or Inspector- General of Police, on the approval of the President, declare any entity to be a proscribed organization and the notice should be published in official gazette."
“The military never proscribed IPOB, but only declared it a terrorist organization, because of the way and manner it has been carrying out its activities. These include pelting stones and cocktail Molotov bombs on convoys of military vehicles, burning of police stations, killing of police officers, attacking and threatening Nigerians living in Abia State, who do not subscribe to its separatist and militants ideology, creating the Biafra Security Service and Biafra National Guard.”
Recall that Saraki had faulted the declaration of IPOB as a terrorist organization, claiming that the move did not follow due process.
“I also wish to state that the announcement of the proscription of the group known as Indigenous People of Biafra (IPOB) by Governors of the South-east states and the categorization of the group as a ‘terrorist organization’ by the Nigerian military are unconstitutional and does not follow due process. Our laws make clear provisions for taking such actions and without the due process being followed, such declaration cannot have effect. I am sure the President will do the needful by initiating the right process,” he said.
