IPOB revisits 2017 proscription of group, insists FG’s action ‘egregious duplicity, outright illegality’
The Indigenous People of Biafra (IPOB) has again described the 2017 proscription of the self-determination group by the federal government as “egregious duplicity and outright illegality”, insisting that while its commitment to justice, fairness, and the rule of law remains firm, it would not hesitate to “categorically denounce the actions of the APC-led government, which has consistently sought to criminalize our peaceful movement through corrupt and unconstitutional means.”
In a statement issued on Sunday – yesterday, May 4 – by its media and publicity secretary, Comrade Emma Powerful, IPOB stressed that its proscription by the federal government was without any legal foundation whatsoever; instead, the group stated, a federal high court presided over by a competent federal high court judge had ruled that there was no evidence to support the prosecution’s argument that IPOB is an unlawful and proscribed society.
“On March 1, 2017, in the case of Federal Republic of Nigeria v. Nnamdi Kanu & Ors (Suit No: FHC/ABJ/CR/383/15), Justice B.F.M. Nyako of the Federal High Court, Abuja, delivered a landmark ruling. After a contested hearing where both parties were fully represented, Justice Nyako unequivocally found no evidence—none whatsoever—to support the prosecution’s claim that IPOB is an unlawful or proscribed society,” the group said in the statement by Powerful.
“She stated, and we quote ‘The prosecution has not placed any evidence in the proof of evidence to show that the society Indigenous People of Biafra (IPOB) is an unlawful or proscribed society.’ This ruling, which struck out charges related to the alleged unlawfulness of IPOB (Counts 3 and 10), remains (unchallenged in any higher court in Nigeria) and is subsisting to this day. It is the definitive judicial determination on the matter and should guide all subsequent proceedings involving IPOB’s status.”
Chiding the government of former President Buhari for its “shocking display of bad faith (and unwillingness) to accept “this fair and lawful verdict”, IPOB accused the former president of resorting to “a backdoor tactic’.
“Failing to secure their desired outcome in Justice Nyako’s court, they corruptly approached Justice Abdul Kafarati in the same Federal High Court building to obtain an ex-parte proscription order against IPOB,” IPOB charged, adding that “this kangaroo proscription, secured without notice to IPOB or our legal representatives, was a deliberate attempt to subvert justice and achieve through secrecy what they could not accomplish in an open, contested hearing.”
“Such an action is not only an abuse of court process but a flagrant violation of Section 36 of the Nigerian Constitution, which guarantees the right to a fair hearing—a right that cannot be circumvented under any guise,” the self-determination group stressed.
“We further note that the enabling statute for proscribing an organization mandates a ‘judge in chambers’ hearing with notice to affected parties, not an ex-parte proceeding that excludes them. Justice Kafarati’s order, therefore, is rooted in illegality and is null and void ab initio. Those who seek to rely on the subsequent affirmation of this kangaroo proscription by the Court of Appeal are either ignorant of the rule of law or complicit in its perversion. A judgment built on an illegal foundation cannot stand, no matter how many courts affirm it. The proper court to determine IPOB’s legality remains that of Justice Nyako, whose ruling stands unchallenged, or Justice Omotosho’s court, where related matters are being adjudicated with due process.
“This moment also serves as an opportunity for the world to examine the flimsy and baseless evidence upon which the proscription of IPOB was purportedly based. The APC government has, since its inception, sought to demonize and proscribe IPOB, not because we pose a threat, but because our call for self-determination exposes their failures and injustices. Having failed to prove their case in a fair hearing before Justice Nyako, they resorted to judicial manipulation, approaching Justice Kafarati to do what Justice Nyako refused to do in open court. This is not justice—it is corruption, plain and simple.
“We call on the international community, human rights organizations, and all lovers of justice to take note of this travesty. The Nigerian government’s actions undermine the very principles of democracy and the rule of law they claim to uphold. IPOB remains a peaceful movement advocating the rights of the Biafran people, and we will not be silenced by illegal proscriptions or state-sponsored oppression. We demand the immediate reversal of the unconstitutional proscription order and a return to the rule of law as upheld by Justice Nyako’s subsisting judgment.
“The world is watching, and history will judge those who choose to trample on justice for political expediency. IPOB will continue its lawful struggle for freedom, undeterred by the antics of a government that fears the truth.”
