The Nigerian Court of Appeal in Abuja on Thursday, January 30, upheld the proscription of the Indigenous People of Biafra (IPOB) and its designation as a terrorist organization. The court was a three-member panel headed by Justice Hamma Barka.
IPOB is a separatist group advocating for an independent state of Biafra, carved out from the south-east and parts of south-south Nigeria.
The Nigerian government, under President Muhammadu Buhari‘s administration, initially proscribed the group in 2017. The then-Acting Chief Judge of the Federal High Court, Abdul Kafarati, granted the order proscribing the group.
The South-east Governors Forum had then announced that they had also proscribed IPOB in the region.
IPOB and its leader, Nnamdi Kanu, have been challenging the proscription in several Nigerian courts.
Proscription Temporarily on Hold
In October 23, 2023 they were successful when a State High Court in Enugu nullified the proscription, declaring it a violation of Mr. Kanu’s fundamental rights.
The judge, A.O. Onovo, in his judgment, declared that the reliance on the country’s Terrorism Prevention Act and the administrative action of the South-east Governors’ Forum and the federal government to proscribe IPOB contravened Section 42 of the Nigerian Constitution which prohibits discrimination on the basis of ethnicity.
Justice Onovo held that the proscription of IPOB was also a violation of Mr Kanu’s fundamental rights as enshrined under Articles 2,3,19 and 20 of the African Charter on Human and People’s Rights (Enforcement and Ratification) Act.
However, Thursday’s Court of Appeal’s ruling means the judgement of the Enugu High Court has been overturned and IPOB remains proscribed.
Justice Barka ruled that the federal government acted lawfully by proscribing IPOB, whose activities threaten the nation’s security and continued existence.
Possible Next Step
IPOB’s legal team may consider appealing the decision, potentially taking the case to the Supreme Court.
The legal battle between the federal government and IPOB has been messy with the government in cited cases refusing to obey court orders.
Mr Kanu, has been in detention since 2021, and the justice system has yet to conclusively determine the case. This has led to demands by leaders of the South East region for political resolution instead, or outright unconditional release of the incarcerated leader.
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