Nigerian High Court Declared IPOB Proscription Unconstitutional, Ordered South-East Govs To Pay N8billion To Nnamdi Kanu
Nigerian High Court Declared IPOB Proscription Unconstitutional, Ordered South-East Govs To Pay N8billion To Nnamdi Kanu
This development had led the federal government to list IPOB as a terrorist organisation three days later.
The Enugu State High Court, on October 26, 2023, declared the proscription of the Indigenous People of Biafra (IPOB) by the Southeast Governors’ Forum in 2017 as illegal, unconstitutional, and null and void.
SaharaReporters reports that in 2017, the South East Governors Forum, led by former Gov David Umahi of Ebonyi State, proscribed IPOB activities.
This development had led the federal government to list IPOB as a terrorist organisation three days later.
However, Kanu through his special counsel, Mr Aloy Ejimakor, approached the court to seek the reversal of the proscription based on the fact that IPOB is a registered organisation composed of members who are exercising their right of association.
Listed as Respondents to the case are the Southeast governors and the federal government of Nigeria.
The reliefs sought by Kanu among others are, “A DECLARATION that the practical application of the Terrorism Prevention Act and the executive or administrative action of the respondents which directly led to the proscription of IPOB and its listing as a terrorist group, said IPOB being comprised of citizens of Nigeria of the Igbo and other Eastern Nigerian ethnic groups, professing the political opinion of self determination and the consequent arrest, detention and prosecution of Kanu as a member/leader of said IPOB, is illegal, unlawful, unconstitutional and amounts to infringement of the applicant’s fundamental right not to be subjected to any disabilities or restrictions on the basis of his ethnicity as enshrined and guaranteed under Section 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and his fundamental rights as enshrined under Articles 2, 3, 19 & 20 of the African Charter on Human and People’s Rights (Enforcement and Ratification) Act.
“A DECLARATION that self-determination is not a crime and thus cannot be used as a basis to arrest, detain and prosecute the applicant, MAZI NNAMDI KANU.
“AN ORDER mandating and compelling the respondents, jointly or severally, to issue official letter(s) of apology to Kanu for the infringement of his said fundamental rights; and publication of said letter(s) of apology in three national dailies.
“AN ORDER mandating and compelling the respondents to, jointly or severally, pay the sum of N8,000,000,000.00 (Eight Billion Naira) to Kanu, being monetary damages claimed by the applicant against the respondents jointly and severally for the physical, mental, emotional, psychological, property and other damages suffered by the applicant as a result of the infringements of their fundamental rights by the respondents.”
Delivering judgement in the suit, the presiding judge, Justice A.O. Onovo, agreed with the applicant that the African Charter binds on Nigerian courts, hence self-determination is not a crime.
He held that the proscription is therefore unconstitutional and illegal.
On monetary damages, the court granted N8 billion damages to Kanu as well as apologies in national dailies. It however declined jurisdiction in stopping the criminal trial of Kanu on grounds that it is before the Supreme Court.
Addressing journalists shortly after the judgement, Ejimakor commended the court for being the last hope of the coming man.
He said, “We are grateful that justice had prevailed over this matter since 2017. The court has reaffirmed the hopes of the common man in the judiciary. You have saved thousands of lives.”
Meanwhile in the Wednesday ruling, Justice James Omotosho of the Federal High Court, Abuja, convicted the detained IPOB leader, Nnamdi Kanu, on count three of the terrorism charges against him, ruling that he was the leader of a “proscribed terrorist organisation.”
Omotosho held that Kanu’s own broadcasts, videos, and public statements, as tendered by the prosecution, clearly showed that he identified himself as the leader of the Indigenous People of Biafra (IPOB) and the Eastern Security Network (ESN), both of which were formally designated as terrorist organisations by the Federal Government in 2017.
