The Court of Appeal in Abuja has affirmed the order by Justice Abdu Kafarati of the Federal High Court, Abuja, proscribing the Indigenous People of Biafra, IPOB and designating it a terrorist organisation.
In a judgment on Thursday, a three-member panel of the court was unanimous in agreement with the lawyer to the Federal Government, Oyin Koleosho, that the state acted lawfully in proscribing the group, whose activities threatened the nation’s continued existence and the security of its citizens.
In the lead judgment, Justice Hamma Barka resolved all the issues raised for determination against the appellant – IPOB – declared the appeal unmeritorious, and dismissed it.
He faulted the claim by the appellant (IPOB), represented by Chukwuma Machukwu Umeh, that the procedure adopted by the Federal Government in proscribing the group was flawed.
Justice Barka held that the Federal Government 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, do not constitute any breach of the right to a 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 take a second place.
He added: “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, an individual’s liberty or rights cannot exist.”
Justice Barka said while the claim by the appellant’s lawyer that the founders of the group had good ideas to achieve could be possible, 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.
He noted that since IPOB became known for perpetrating violence, the Federal Government could not be blamed for taking the steps it took to proscribe and designate the group as a terrorist organisation.
The judge found that, as against the claim by the appellant, there was evidence that then-President Muhammadu Buhari gave approval for the then Attorney General of the Federation, AGF, Abubakar Malami, to apply to the court for the proscription order in compliance with Section 2(1) of the Terrorism (Prevention) Act.
