Two anomalies have occurred Yesterday in dealing with the challenges posed by IPOB.

First, the Nigerian Armed Forces, through the Ministry of Defence ( Defence Headquarters), announced that it ( IPOB ) has been designated a " terrorist organization ".

Second, the Governors of the South East States rose from their meeting with the military in Enugu , and announced that IPOB and it's activities have been proscribed in all the South Eastern states.

Both steps are illegal and unconstitutional.

Under Section 2 (1)(c) of the Terrorism Act, No. 10, 2011, a judge of the federal high court in chambers may on an application made by the Attorney General of the Federation, National Security Adviser or Inspector General of Police on the approval of the President declare any entity to be a proscribed organisation and the notice should be published in a National Gazette.

When the Judge sits in Chambers, he usually sits on an application ex parte . In this case, an application is heard and determined without the target party, the organisation being sought to be proscribed being first heard and granted a fair hearing. However, upon the proscription of the organisation, it, rightly, can approach the court for a deproscription order.

Evidently therefore, the Defence Headquarters had no statutory power to proscribe terrorist organization. The military, in recognition of its subordination to civil authority, ought to have liaised with the designated authorities that possess the power, if they are armed with intelligence or security reports warranting the designation of IPOB as a terrorist organisation, and its proscription. This smacks of the lack of coherence and coordination of law enforcement and security agencies that afflicts the Buhari Presidency .

The law is that statutory powers specifically donated to certain authorities can not lawfully be exercised by any other authority . And also provisions of a law that contains penal provisions or provisions abridging entrenched fundamental rights must be construed and interpreted very narrowly. Any slight deviation from its prescriptions shall be held against the authority claiming its benefits, and who intends to rely on the provisIons of the law to justify its action.

The intendment of the law giver in making the two branches of government ( executive and the judiciary to collaborate in proscribing an organisation is obvious. The judiciary is the independent arm of government that can soberly and dispassionately assess and determine whether there is a basis in law , having regards to the definition of acts of terrorism under Section 1 (2) of the Terrorism Act, to grant an order proscribing an association. In this regard, the provisIon of Section 2( 3) (2) must be kept in view. It provides that " for the avoidance of doubt, political parties should not n regarded as proscribed organisations and nobody should treated as such because of his or her political beliefs. "

Apart from the issue of statutory compliance, fairness requires that we interrogate whether the intendment of the law giver has been dutifully and patriotically served in the designation of IPOB as a terrorist organization. Is this designation and proscription a hurried, knee jerk approach by the military to provide justification for Operation Python Dance II in the South East in the face of allegations that the South East was being invaded? Of course, the definition of " acts of terrorism " under Section 1 (2) of the Act is so wide that IPOB easily will fit the designation.

But is this alleged proscription done in good faith? Or is it done as a " deus ex machina" to enable the military reap maximum operational benefits from it, in order to be better able to accomplish the mission of their operation ?

If an operation is being questioned and challenged as untenable , what is the better tactics to justify the operation than to quickly declare one of the objects , if not the main object of the mission a terrorist organisation? With that, the case is closed. Anybody that associates with the organisation thenceforth becomes a conspirator or a terrorist sympathiser or helper , a criminal offence under the Act?

Can we honestly place IPOB and Boko Haram on the same pedestal? These and more questions will be asked in the coming days .

On the second issue, it is baffling that the South East Governors came out with that communique, proscribing IPOB. Under the law and the Constitution , they lack the power to do so. They are not military administrators ruling by edicts. That decision shows that they were in a panick mode. Were they acting altruistically but ignorantly; or acting under intimidation or pressure?

Moving forward, our assessment is that the FGN needs a more coherent legal strategy in handling IPOB .

Mynd44 This is a front page material.

Firstly , are you an IPOB?

freddywells81:
Firstly , are you an IPOB?

Is that what you concerned about.
With the recent massacre by the Nigerian army, they are now many IPOB member than the ever was. those that were sitting on the fence have taken a side.

Firstly , are you an IPOB? It's been well scripted by the Nigeria Army and IPOB played right into it..they knew they'd take stupid steps that will make them qualify as "Terrorist group "... The governors are smarter cos no nobody wants anything that will disrupt their administration .

amjoseph19:


Is that what you concerned about.
With the recent massacre by the Nigerian army, they are now many IPOB member than the ever was. those that were sitting on the fence have taken a side.

Which massacre? How authentic R the videos you are relating to ?my brother, its now that the real massacre is likely to happen if IPOBian's wish to cause more trouble .abeg,warn una people Oo.

We play with everything in Nigeria. I was told by sense years ago that terror is the act of inciting fear to those who don't share your believe and this achieve by using verbal warfare or physical warfare.I don't need the law to tell me that Nnamdi KANU is a terrorist if given the chance will greater than shekau.The most endangered Nigerian now are those Igbo who don't believe in Biafra.if u enter any discuss with this people can ipob about your divergent opinion. My brother you go know say an illiterate Hausa man and illiterate Igbo man are the same thing. They feed on misinformation and give out venomous statement. God bless Nigerian army but make una use sense self becos the blood of the innocent knows no bound.

[quote author=amjoseph19 post=60511540]

Is that what you concerned about.
With the recent massacre by the Nigerian army, they are now many IPOB member than the ever was. those that were sitting on the fence have taken a side.[/quote

Yes,I am concerned about what u claim to be ..and if it's difficult for you to admit,then it means the term IPOB is illegal ...and so ,why are you blaming the governors from proscribing it?
Abegi, flush that idea away jare until u R ready to do it the right way.

rafindo:
We play with everything in Nigeria. I was told by sense years ago that terror is the act of inciting fear to those who don't share your believe and this achieve by using verbal warfare or physical warfare.I don't need the law to tell me that Nnamdi KANU is a terrorist if given the chance will greater than shekau.The most endangered Nigerian now are those Igbo who don't believe in Biafra.if u enter any discuss with this people can ipob about your divergent opinion. My brother you go know say an illiterate Hausa man and illiterate Igbo man are the same thing. They feed on misinformation and give out venomous statement. God bless Nigerian army but make una use sense self becos the blood of the innocent knows no bound.

I strongly agree with you bro

freddywells81:
Firstly , are you an IPOB? It's been well scripted by the Nigeria Army and IPOB played right into it..they knew they'd take stupid steps that will make them qualify as "Terrorist group "... The governors are smarter cos no nobody wants anything that will disrupt their administration .

No, it is the FG that are playing on IPOB script.
IPOB are getting more sympathy from the right thinking Nigerians an international community at large.

[quote author=freddywells81 post=60512023][/quote]
Unfortunately for you, IPOB have come to stay due to the ill action of the FG in handling this situation. It is clear for everyone to see that some people are been regard as a 1st class citizen while some are 2nd class in this same nation.

Woe to you double face lots who are enjoying and happy of the army brutality against harmless and peaceful agitators but can't ask of what was done against Arewa youths.

A tribe (both those against and in support of kanu) was being asked to forcefully vacate the North. which it is a genocidal attempt. and the UN outrightly called for their arrest. The next day, they were pictured having a sumptuous meal in aso rock with the FG.

The attorney general of the federation have the impetus to say that they couldn't be arrested because of the backlash that may come out of it. he even went ahead to rephrased their statement.

while kanu on the other hand who asked for a referendum is been hunted like a dog, he members are being killed.

No true Igbo son, no matter how patriotic he is will be happy with the unjust killing of his kinsmen. while the arewa youths and anglo are relaxing.

amjoseph19:

Unfortunately for you, IPOB have come to stay due to the ill action of the FG in handling this situation. It is clear for everyone to see that some people are been regard as a 1st class citizen while some are 2nd class in this same nation.

Woe to you double face lots who are enjoying and happy of the army brutality against harmless and peaceful agitators but can't ask of what was done against Arewa youths.



A tribe (both those against and in support of kanu) was being asked to forcefully vacate the North. which it is a genocidal attempt. and the UN outrightly called for their arrest. The next day, they were pictured having a sumptuous meal in aso rock with the FG.

The attorney general of the federation have the impetus to say that they couldn't be arrested because of the backlash that may come out of it. he even went ahead to rephrased their statement.

while kanu on the other hand who asked for a referendum is been hunted like a dog, he members are being killed.

No true Igbo son, no matter how patriotic he is will be happy with the unjust killing of his kinsmen. while the arewa youths and anglo are relaxing.

IPOB,stay where? Harmless and peaceful ?! ...but setting up secret service and security outfit without govt approval & threatening the sovereignty of a nation. I want to believe u don't live in the east cos I do,until a fortnight ago...hence the reason you are talking trash.
Did you (SouthEasterners) not call Nigeria a Zoo? If u av been asked to vacate the Zoo,wouldn't that be to your own advantage ?
You talk about what others say and condemn it but find no fault in yours. Who in his right sense does that?
Is referendum provided for in our Constitution ? No IGBO rep or senate has ever raised such motion to amendments .I guess its because they prefer being Nigerians.You should do the same too,in the mean tym.