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The proscribed Leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, on Friday, stormed the Federal High Court, through his Lawyers, praying that the Judge to set aside the order of injunction, banning the activities of the group.
Recall, that President Muhammadu Buhari had earlier given a written approval for the proscription of the group, pending legal process.
Also, the Governors of the South-East States took the first step to ban the activities of the group, after the Military had declared it a militant terrorist group.
Ifeanyi Ejiofor, Counsel to IPOB, led Maxwell Okpara, Chinwe Umeche, Habila Turshak, P. M. Umegborogu, and Augustine Ezeokeke, to file the process on behalf of Nnamdi Kanu.
The motion, with suit number FHC/ABJ/CS/871/17, was brought pursuant to Section 6 (6) (1) (4) of the 1999 Constitution of the Federal Republic of Nigeria as amended.
It was also brought under the inherent jurisdiction of the court.
The Office of the Attorney-General of the Federation was listed as a respondent.
The applicant averred that the grounds upon which the application was brought, hinged on the fact that the September 20 exparte order made against it by the court, was without jurisdiction.
The Lead Counsel said the order granted by the entity was unknown to law.
Ejiofor posited that there was clear suppression and misrepresentation of facts in the AGF’s affidavit evidence, pursuant to which the order was granted.
“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.

“It also violated 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.
“It ran against the right to fair hearing, right to freedom of expression and the press.
“It further violated the right 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”, Ejiofor said.
According to him, a declaratory order cannot be made pursuant to an exparte application, without hearing from the party against whom the order is made.
He submitted that the Indigenous People of Biafra who were majorly of Igbo extraction, had no history of violence in exercising 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 its constitutionally guaranteed right to self-determination.
“Prior and during the Military invasion of the South-Eastern States, IPOB members had never at any time resorted to arm struggle or engaged in acts of violence capable of threatening national security.
“Justice Binta Nyako of Federal High Court No 4, had in her ruling delivered on March 1, held that the Indigenous People of Biafra was not an unlawful organisation.”
Ejiofor further said that Justice Nyako’s decision still subsisted, as it was not appealed against to be set aside by any appellate court.

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