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  • Updated: March 21, 2021

FACT CHECK: Was IPOB Proscribed by a Nigerian Court or Not?

FACT CHECK: Was IPOB Proscribed by a Nigerian Court or Not?

On Wednesday, 3, March 2021, Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB) declared to his over 270, 000 followers on Twitter that ‘at no time did any competent court of law in Nigeria ever proscribe or pronounce IPOB a terror organization.’

Kanu went further to tag his assertion “fact” while posting a March 2017 publication of Nigerian daily newspaper, The Authority, which bore the caption, ‘IPOB not unlawful – Court’.

Kanu’s claim on his known hanlde has been retweeted over three thousand times.

But, how correct is the Biafra-Nigerian political activist’s claim? AllNews probes.

Who are IPOB?

IPOB is a separatist movement in Nigeria founded by Kanu, in 2012.

The group desires states in south-east and south-south regions of Nigeria, made up mainly of people from the Igbo ethnic group, to break away and form the independent nation of Biafra.

The plan for a Biafra state is not new.

In 1967, Igbo leaders declared a Biafran state, but after a brutal civil war, which led to the deaths of up to a million people, the secessionist rebellion was defeated.

Kanu is the latest in a line of ethnic Igbo activists taking up the cause of pushing for an independent state, saying the Igbos have been marginalised by successive Nigerian governments. 

Did a court of law in Nigeria ever proscribe IPOB?

The publication of The Authority, shared by Kanu via his Twitter account - supposedly to back up his claim - was a full six months before the Nigerian government formally proscribed IPOB, and designated it a terrorist organization.

It was the same Federal High Court, Abuja which in March 2017 dismissed the Federal Government’s stance that IPOB is an illegal society, branded some of the terminated charges as “hollow” and “scanty”, that sustained five other charges against the Kanu and co-defendants. The same Federal High Court on 20 September 2017, officially proscribed IPOB.

At the time, the then-acting Chief Judge of the Federal High Court, Justice Abdul Adamu Kafarati, granted the order proscribing IPOB following an application filed and moved by the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN).

The order by Kafarati in full below: “That the application is granted as prayed.

“That an order declaring that the activities of the respondent (Indigenous People of Biafra) in any part of Nigeria, especially in the South-East and South-South regions of Nigeria, amount to acts of terrorism and illegality is granted.

That an order proscribing the existence of the respondent (Indigenous People of Biafra), in any part of Nigeria, especially in the South-East and South-South regions of Nigeria, either in groups or as individuals by whatever names they are called and publishing same in the official gazette and two national dailies, is granted.

“That an order restraining any person or group of persons from participating in any manner whatsoever in any form of activities involving or concerning the prosecution of the collective intention or otherwise of the respondent (Indigenous People of Biafra) under any other name or platform however called or described is granted.”

Attached is the application by the Federal Government of Nigeria at the time.

How competent is the Federal High Court in Nigeria?

By hierarchy of the Nigerian legal system, the Federal High Court, which is primarily based in Abuja, the Nigerian capital, falls under tier 3. As per an information on its official website, it has become unarguably an important pillar amongst the Courts in the Federal Judiciary of Nigeria.

Conclusion

IPOB have fought against its proscription, and sought to reverse the court's decision in 2018. However, their attempt has ultimately been unsuccessful, and they continue to be declared as terrorist organization under Nigeria's Terrorism Act.

READ ALSO: FACT CHECK: Were Fulani Herdsmen Chased Out Of Ebonyi State?

In February 2021, while speaking on a live TV programme, Lai Mohammed, the Minister of Information and Culture of Nigeria commented on the proscription of IPOB vis-à-vis armed bandits.

“Don’t compare IPOB with bandits and herdsmen.

IPOB doesn’t believe in Nigeria, hence they were declared a terrorist organisation. Bandits and herdsmen are only criminals”, Mohammed had said.  

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