The Federal High Court in Abuja on Thursday dismissed the application by the Indegenous People of Biafra’s request to reverse the court’s order proscribing it and designating it a terrorist organisation.
Delivering his ruling on IPOB’s application, the Acting Chief Judge of the Federal High, Justice Abdu Kafarati, resolved all the three formulated issues against the group, and held that September 20, 2017 proscription order was validly issued.
He dismissed the contention of IPOB’s lawyer, Ifeanyi Ejiofor, who submitted that IPOB not being registered in Nigeria but only registered in some other countries, could not be sued in Nigeria.
The judge noted that an organisation registered abroad could be likened to a foreigner who could be arrested in another country where he was found to have committed a crime.
The judge also held that the issuance of the proscription order by him in chambers following an ex parte application was in accordance with the provisions of the Terrorism Prevention Act.
IPOB had through its lawyers, led by Ifeanyi Ejiofor, alleged a violation of its fundamental rights to fair hearing and freedom of assembly by the federal government in its (governments) motion brought ex parte.
An ex parte motion is one that does not require the participation of all sides before a decision can be taken by the court.
In his ruling, Justice Kafarati said the basic instrument in the particular ex parte motion was the approval of the Nigerian president which was stated to have been given in the application brought by the Attorney General of the Federation.
Consequently, the court said it was of the view that: “the application brought by the Honourable Attorney General of the Federation ex-parte was properly brought”.
He added that the rights of the IPOB members were not abused as alleged by their lawyers and ordered N500,000 as damages to be paid by the applicant.
The proscription order made by the court in September, came days after the IPOB leader, Nnamdi Kanu, went missing from his home in Abia State.
Kanu who is facing trial with other defendants on alleged terrorism and other related offences has not been seen since last September.
The judge awarded the sum of N500 as cost against IPOB.