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Appeal Court Reserves Ruling on IPOB’s Terrorism Designation Appeal

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Kehinde Fajobi

The Court of Appeal in Abuja has reserved judgment in an appeal by the Indigenous People of Biafra (IPOB) challenging its classification as a terrorist organisation by the Federal Government.

A three-member panel, led by Justice Hamma Barka, adjourned after both parties presented their final arguments.

Representing the government, Oyilade Koleosho from the Ministry of Justice stated his case, while IPOB was defended by Senior Advocate of Nigeria Chukwuma-Machukwu Umeh.

Detained IPOB leader Nnamdi Kanu applied to join the appeal as an interested party.

IPOB is seeking to overturn the September 15, 2017, ruling by the late Justice Abdul Abdu-Kafarati, which outlawed its activities.

This ruling was based on an ex-parte motion filed by former Attorney General Abubakar Malami, who argued that IPOB posed a threat to national security.

Justice Kafarati declared all IPOB activities illegal, particularly in the South-East and South-South regions, and mandated that the proscription order be published in official gazettes and national dailies.

In its appeal, IPOB contended that Justice Kafarati erred when he ruled that the approval from President Muhammadu Buhari was satisfied solely based on a memo from the AGF.

IPOB’s lawyers argued, “The Learned trial Judge justified the granting of the Exparte Order… ostensibly closing his eyes to facts, as well as documents that show that the Appellant is a group of persons holding common political belief.”

Umeh emphasised that IPOB’s actions do not meet the legal definition of terrorism, stating, “Affidavit evidence placed before the Trial Court shows in clear terms that the Appellant does not possess any form of arms, or weapons… the activities of the Appellant are essentially characterised by moving in groups with cardboards and placards in their hands.”

He added, “Proper findings of facts… will resolve whether the activities and characters of the Appellant meet the threshold definition of terrorism acts.”

Umeh further argued that the proscription unfairly categorised over 30 million Igbo Nigerians as terrorists, noting, “Activities of the Appellant as demonstrated before the lower court… is in sharp contrast with characters of notorious groups that have even used violence.”

Koleosho, on behalf of the Federal Government, denied allegations of unfair hearing and urged the court to dismiss the appeal.

After hearing both sides, the Appeal Court panel indicated it would communicate the judgment date to the parties involved.

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