The Indigenous People of Biafra, IPOB has reacted to an Appeal Court’s ruling that affirmed the late Justice Abdul Kafarati’s judgement that proscribed its activities.
Reacting in a recent statement, IPOB described the judgement as illegal.
According to IPOB, it is illegal because former President Muhammadu Buhari and ex-Vice President Yemi Osinbajo didn’t sign the memo authorizing the proscription.
Describing the judgment as elementary, IPOB said the ex-parte decision upon which the ruling was based was designed to elapse within 14 days.
In a statement signed by its spokesman, Emma Powerful, IPOB accused the judiciary of failing to adhere to the rule of law regarding its proscription.
According to Powerful, the court ruling was a rape of Justice.
The statement reads: “The Noble family and movement of the Indigenous People of Biafra (IPOB) worldwide condemn judgement of the appeal Court upholding the illegal, unconstitutional and discriminatory proscription of IPOB by late judge Abdul Kafarati is a rape of justice and shameless disregard of the laws of Nigeria under which this injudicuous proscription was affirmed.
“Firstly, it is elementary law that ex-parte decisions are only a stop gap measure designed to last no more than 14 days. This illegal act has now subsisted for nearly 8 years. This is clearly against the said same laws of Nigeria.
“It therefore stands to reason that some justices in Abuja under the influence of the haters of IPOB are those telling the courts which decisions to render regardless of the consequences to the damage such ridiculous judgements have on the sanctity of the rule of law and it’s implications for the administration of common law in Nigeria.
“The rule of law in the proscription of any organisation as provided for in the constitution of Nigeria is very clear.
“You cannot use ex-parte court orders in a civil procedure to confer criminal liability on any individual or organisation as was done by Kafarati against IPOB. This is kindergarten law.
“Before threat to national security can be invoked to justify any breach or violation of rights of individual IPOB members, a state of emergency MUST be declared in the affected areas. No state of emergency was declared in any part of the South-East or South South; neither was any public disorder attributed to IPOB to justify the proscription of our movement by Kafarati. Therefore the using threat to national security to justify a breach of a constitutionally guaranteed right, is a clear display of poor knowledge of the law.
“The law states clearly that the President of Nigeria ought to sign the memo authorising the proscription of IPOB. As lawyers everywhere know, when a law states how something should be done, that procedure must be followed. Court papers will show that neither Buhari nor former vice president Osinbajo signed this memo. Instead it was signed by the late Abba Kyari whom the law did not recognise nor give the authority to proscribe IPOB.
“The courts in Abuja appear not to be adhering to the rule of law when it comes to this singular issue of illegal proscription of IPOB.
“What the Appeal Court Abuja appear to say in their ruling is that the Constitution of the Federal Republic of Nigeria, which is the supreme law that governs life in the country, is no longer supreme.”
