Only courts can pronounce a group terrorist organisation – IPOB, Ubani

The Indigenous People of Biafra (IPOB) said yesterday that its
declaration as a terrorist organisation by the Defence Headquarters
was a clear breach of the Terrorism (Prevention) Act of 2011.

The DHQ, on Friday, pronounced IPOB a ‘militant terrorist
organisation’ in Nigeria for allegedly “clandestinely and actively
terrorizing the general public.”

Major-General John Enenche, Director, Defence Information (DDI),
listed IPOB’s acts of terrorism as: the formation of a Biafra
Secret Service, claimed formation of Biafra National Guard,
unauthorized blocking of public access roads and extortion of money
from innocent civilians at illegal road blocks.

But IPOB, in a statement yesterday, faulted the step taken by
the DHQ, citing Section 2 of the Terrorism (Prevention) Act of
2011.

It argued that the Section stipulates that “only a judge can
declare an organisation proscribed based on proven case of acts of
terrorism and such case will be presented to the judge through an
application made by the attorney-general or the National Security
Adviser or the Inspector General of Police with the approval of the
president. The judge’s declaration will thereafter be
gazetted.”

It then posed the following questions: “Which judge did the DDI
make such application to and was it approved by the president prior
to submitting the application?

“Where is the approval given to the DDI by the judge? When and
where was the Judge’s declaration gazetted?”

It said: “In particular, this deceitful act is a violation and
interference into the judicial arm of government and it is an
overreach. It is also a deliberate act in contempt of a subsisting
ruling in a competent court of law.

“IPOB, whether led by Nnamdi Kanu or led by the DOS, is not a
terrorist organisation because no court of competent jurisdiction
has so declared it. The so-called declaration by Major-General
Enenche is null and void and of no effect.”

Besides, IPOB said there is a subsisting court order which says
“IPOB is not an unlawful society/organisation.”

It said the order was made in a March 1, 2017 ruling by Justice
Binta Murtala-Nyako of the Federal High Court, Abuja.

“Justice Binta Murtala-Nyako gave her judgment having studied
the conditions for an organisation to be deemed unlawful as
stipulated in section-62 of CAP C38 L.F.N. 2004,” Emma Nmezu and
Clifford Iroanya, who identified themselves as spokespersons of
IPOB said in the statement.

They added: “Up till this day, that ruling from Justice Binta
Murtala-Nyako has not been upturned by any court.”

It asked the military authorities to fire Enenche for issuing
the statement.

The IPOB position is shared by the Second Vice President of the
Nigerian Bar Association (NBA), Mr. Monday Ubani.

He said,” I advise that they take a critical look at the
dictionary meaning of “terrorism” before they take the decision to
declare IPOB as one.

“The second issue and most importantly is that declaring any
organisation as a terrorist group must comply with legal and
executive procedures absence of which makes a mockery of the
declaration.

“I do not think that the present declaration complied strictly
with known procedures for declaration. America declared Boko Haram
a terrorist group after due compliance with processes and
procedures.

“Is the President of the country really aware of this
declaration? What of the Attorney General of the Federation? Are
they all aware?”

“Strenuous and conscious efforts must be made by all parties to
stop this brewing conflagration to reduce tension in the polity and
pursue peace to a logical conclusion. Development can only thrive
in an atmosphere of peace and tranquillity”.

The Indigenous People of Biafra (IPOB) said yesterday that its
declaration as a terrorist organisation by the Defence Headquarters
was a clear breach of the Terrorism (Prevention) Act of
2011.

The DHQ, on Friday, pronounced IPOB a ‘militant terrorist
organisation’ in Nigeria for allegedly “clandestinely and actively
terrorizing the general public.”

Major-General John Enenche, Director, Defence Information (DDI),
listed IPOB’s acts of terrorism as: the formation of a Biafra
Secret Service, claimed formation of Biafra National Guard,
unauthorized blocking of public access roads and extortion of money
from innocent civilians at illegal road blocks.

But IPOB, in a statement yesterday, faulted the step taken by
the DHQ, citing Section 2 of the Terrorism (Prevention) Act of
2011.

It argued that the Section stipulates that “only a judge can
declare an organisation proscribed based on proven case of acts of
terrorism and such case will be presented to the judge through an
application made by the attorney-general or the National Security
Adviser or the Inspector General of Police with the approval of the
president. The judge’s declaration will thereafter be
gazetted.”

It then posed the following questions: “Which judge did the DDI
make such application to and was it approved by the president prior
to submitting the application?

“Where is the approval given to the DDI by the judge? When and
where was the Judge’s declaration gazetted?”

It said: “In particular, this deceitful act is a violation and
interference into the judicial arm of government and it is an
overreach. It is also a deliberate act in contempt of a subsisting
ruling in a competent court of law.

“IPOB, whether led by Nnamdi Kanu or led by the DOS, is not a
terrorist organisation because no court of competent jurisdiction
has so declared it. The so-called declaration by Major-General
Enenche is null and void and of no effect.”

Besides, IPOB said there is a subsisting court order which says
“IPOB is not an unlawful society/organisation.”

It said the order was made in a March 1, 2017 ruling by Justice
Binta Murtala-Nyako of the Federal High Court, Abuja.

“Justice Binta Murtala-Nyako gave her judgment having studied
the conditions for an organisation to be deemed unlawful as
stipulated in section-62 of CAP C38 L.F.N. 2004,” Emma Nmezu and
Clifford Iroanya, who identified themselves as spokespersons of
IPOB said in the statement.

They added: “Up till this day, that ruling from Justice Binta
Murtala-Nyako has not been upturned by any court.”

It asked the military authorities to fire Enenche for issuing
the statement.

The IPOB position is shared by the Second Vice President of the
Nigerian Bar Association (NBA), Mr. Monday Ubani.

He said,” I advise that they take a critical look at the
dictionary meaning of “terrorism” before they take the decision to
declare IPOB as one.

“The second issue and most importantly is that declaring any
organisation as a terrorist group must comply with legal and
executive procedures absence of which makes a mockery of the
declaration.

“I do not think that the present declaration complied strictly
with known procedures for declaration. America declared Boko Haram
a terrorist group after due compliance with processes and
procedures.

“Is the President of the country really aware of this
declaration? What of the Attorney General of the Federation? Are
they all aware?”

“Strenuous and conscious efforts must be made by all parties to
stop this brewing conflagration to reduce tension in the polity and
pursue peace to a logical conclusion. Development can only thrive
in an atmosphere of peace and tranquillity”.