IPOB rejects Appeal Court’s ruling ratifying its proscription, says it’s illegal

The Indigenous People of Biafra, IPOB, has faulted the decision of the Court of Appeal, which affirmed it’s proscription .

The late Justice Abdul Kafarati given a judgement that proscribed the activities of the pro-Biafra agitators.

However, IPOB noted that neither former President Muhammadu Buhari nor his vice, Prof Yemi Osinbajo signed the memo authorising the proscription hence any judgement to that effect is illegal.

Emma Powerful, the group’s spokesman, in a statement, accused the judiciary of abusing the rule of law with regard to the proscription of IPOB and described the court ruling was a rape of Justice.

“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 rape of justice and shameless disregard of the laws of Nigeria under which this injudicuous proscription was affirmed,” the statement read.

“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.

“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.

“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.”

IPOB faulted the signing of the said memo for its proscription by the late Abba Kyari, who was not authorised by law to do so.

“The law states clearly that the President of Nigeria ought to sign the memo authorising the proscription of IPOB. As lawyers everywhere know, 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 the 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.”