The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu has filed a lawsuit against the Federal Government for labelling his group as a terrorist organisation.
In the suit marked E/20/2023, and filed by Kanu’s Special Counsel, Aloy Ejimakor, the IPOB leader is seeking an order that self-determination is not a crime and consequently cannot be held on to arrest, detain and prosecute him and the members of IPOB.
Asides from the federal government, other Respondents are the President, the Attorney-General of the Federation and Minister of Justice, the Governor of Ebonyi State, and the South-East Governors.
The matter which was filed before an Enugu State High Court asked the court to bar the Respondents from taking a further step in “any criminal prosecutions of the Applicant and members of IPOB on the basis of the said proscription of IPOB and its listing as a terrorist group.”
The suit began with originating Application Brought Pursuant to Order II Rules 1 & 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009, Section 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Articles 2, 3, 19 & 20 of the African Charter on Human and People’s Right (Ratification and Enforcement) Act and under the jurisdiction of the Court as preserved by Sections 6 and 46 of the constitution of the Federal Republic of Nigeria, 1999 (as amended).
Kanu contended that the proscription of IPOB and its listing as a terrorist organisation is illegal under section 42 of the 1999 constitution as amended and under Articles 2, 3, 19 & 20 of the African Charter on Human and People’s Rights (Enforcement and Ratification) Act.