By Barr Azubuike Anoliefo
The Declaration of IPOB as a Terrorist Organization by the Nigerian military is illegal, unlawful, unconstitutional, nugatory, ultra vires, null and void and of no effect what so ever.
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| Barr Azubuike Anoliefo |
Section 2 Sub(1)of the Terrorism Prevention Act 2011(as amended in 2013), provides that the Attorney-General of the Federation, the National Security Adviser or the Inspector-General of Police with the approval of the president could approach the court or the Judge in Chamber with an application Ex Parte to give an order .This is to allow for a dispassionate and rational assessment of the application to see whether it is warranted.
The judge (Court) could either strike out, dismiss the application or issue an Order to so declare within the ambit of the law, judiciously and judicially.When the Order of the Court is made, it shall be published in an official Gazette or Gazetted and published in 2 National Dailies. Thus with the Order published, any organization for which the Order is sought is said to have been declared a Terrorist Organization.
In the instant case of IPOB, the military has no locus whatsoever in the matter and the Federal Government of Nigeria that has locus did not bring an application Ex parte to any Federal High Court in Nigeria,no Order was made by any Court of competent jurisdiction and no publication was made in a Gazette and in any 2 National Dailies as prescribed by law.Therefore the military Declaration is unconstitutional, unlawful and illegal, nugatory, ultra vires, null and void and of no effect what so ever.
The military negated the rule of law, violated our Constitution and the extant law.Since no Order of Court was obtained to this effect, what the Military did is unlawful. The consequential proscription of IPOB as a Terrorist Organization by the South Eastern States Governors is also unlawful and of no effect what so ever
Barr. Azubuike Anoliefo, Veteran Broadcast Journalist.
Publisher: Prince Richmond C. Amadi
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