By Lukman Olabiyi
Rights activists and lawyers in the country have continued to pick holes in the order granted the Federal High Court, Abuja, declaring the Indigenous People of Biafra (IPOB) a terrorist organisation.
On Wednesday, September 20, 2017, the Federal Government (FG ) through the Attorney-General of the Federation, Mr. Abubakar Malami (SAN), filed suit No.FHC/ABJ/871/2017, at the court against IPOB, sought for an order to proscribed the group, the court granted the orders as prayed.
Reviewing the order, Ebun-olu Adegboruwa , Chief Charles Enwulunta and Dele Igbinedion knocked AGF, Malami, noted that FG took right step in wrong direction.
The lawyers submitted that the order granted and indeed all the proceedings in the case, constituted a gross abuse of the process of the court, as the Court has no jurisdiction to entertain, let alone adjudicate, upon the case.
Specifically, Adegboruwa noted that the suit was not initiated following due process of law, as stated by the Supreme Court in the locus classicus case of Madukolu v Nkemdilim (1962) 2 SCNLR 341.
Adding that the suit filed and the orders granted have no foundation upon which they can stand and be maintained or enforced.
“The supposed defendant in the case is the Indigenous People of Biafra (IPOB), which is not a registered entity in law. And even if it is registered, it can only be sued in the name of its incorporated trustees or indeed its accredited representatives.
“Furthermore, unlike other associations like the Nigerian Bar Association, IPOB is not recognized or mentioned or legitimized in any existing statute.
“For a suit to be competent, there must be proper parties before the court. In this case, the supposed defendant, IPOB, is a non juristic person, against which no action can be maintained in any court of law”, he said.
Igbinedion who a lined himself with the position of Adegboruwa stated that if order was not challenge by the affected people it would set a bad precedent.
He said FG supposed to put have other party on notice, in order to hit nail at the head. “proscription doesn’t it mean members can not form another group and continue their agitation”, he said .
Chief Enwulunta in his own submission totally agreed with the analysis of others lawyers, stated the order will not stand if challenged at the superior court.
However, a Senior Advocate of Nigeria ( SAN ) , Seyi Sowemimo faulted submissions of his colleagues, noted that nature of the case was a determining factor.
According to him, the issue in question bordered on Anti Terrorism Act, and in granting the order the must considered what the act says.
“To me FG is on point and the order will hold water, whoever he or she is not please should comes out openly and admitted that he or she is a terrorist “, he said.