IPOB leader challenges court order banning group

Ifeanyi Ejiofor, the lawyer of the leader of the Indigenous People Of Biafra (IPOB),

Ejiofor disclosed this in a statement issued on Friday, September 22, 2017, arguing that the order was illegal.

He revealed that the motion, dated Thursday, September 21, was filed on Friday to contest the decision of the Abuja division of the Federal High Court.

In the motion, Ejiofor argued that the separatist pro-Biafra group is a non-violent organisation in contrast to what has been claimed by the government.

He also said the group's leader was not allowed fair hearing before the decision to ban the group was reached by the court.

The motion contested, "That the ex-parte order made on the 20th day of September 2017, by this honourable court was made without jurisdiction, as the order was granted against an entity unknown to law.

"That there is a clear suppression and misrepresentation of facts in the Attorney-General's affidavit evidence, pursuance to which the order was granted.

"That the order is unconstitutional, as it was made in clear violation of the constitutionally guaranteed right of the Indigenous People of Biafra to self-determination; Article 20(1) of the Africa Charter on Human & Peoples Rights, now domesticated into our Law under (Ratification and Enforcement Act) (Cap 10) Laws of the Federation of Nigeria 1990; right to fair hearing, right to freedoms of expression, and the press and rights to peaceful assembly and association; clearly provided for under sections 36, 39 and 40 of the 1999 Constitution of the Federal Republic of Nigeria as (Amended) 2011.

"That a declaratory order cannot be made pursuant to an ex-parte application, without hearing from the party against whom the order was made.

"The Indigenous People of Biafra who are majorly of Igbo extraction, have no history of violence in the exercise of their right to self determination.

"The Indigenous People of Biafra does not carry arms and has no history of arm struggle in the exercise of their constitutionally guarantee rights to self determination."

On Wednesday, September 20, the Federal High Court in Abuja granted the Federal Government an interim injunction proscribing activities of IPOB.

ALSO READ: Court grants injunction proscribing IPOB

This came after the separatist group was officially branded a "militant terrorist organisation" in a statement by Director, Defence Information (DDI), Maj.-Gen. John Enenche, on Friday, September 15.

This was followed up by an official proscription of activities of the group by the South East Governors' Forum later on Friday after an emergency meeting in Enugu.

Kanu's whereabouts have remained unknown since he publicly accused the military of invading his father's compound in Umuahia on Sunday, September 10, a confrontation that led to several violent clashes between soldiers and civilians throughout that week.