THE Indigenous People of Biafra (IPOB) has taken its legal battle against its proscription as a terrorist organization to the Supreme Court.
IPOB, through its lawyers dissatisfied with the ruling of the Court of Appeal, Abuja Division which affirmed it as a terrorist organization, is seeking to overturn the judgment that affirmed its designation as a terrorist entity by the Federal Government.
In its appeal filed at the apex court, IPOB argued that its proscription violated constitutional provisions, particularly the right to fair hearing, as enshrined in Section 36 of the 1999 Constitution (as amended).
IPOB’s legal counsel led by Aloy Ejimakor, and P.A.N. Ejiofor, Maxwell Opara, Jude Okey Ugwuanyi, Patrick Agazie, Mandela Umegborogu, and Magnus Ikenna Nwangwu, filed the appeal on behalf of the appellant.
In its notice and grounds of appeal, the group contended that the lower court erred in upholding an ex parte order that led to its designation as a terrorist organization without affording it the opportunity to be heard.
Among the key grounds of appeal, IPOB asserts that the Court of Appeal misinterpreted the Constitution by prioritising national security concerns over its right to a fair hearing.
IPOB argued that the proceedings leading to its proscription failed to meet the standard of proof required in criminal cases, as allegations of terrorism necessitate proof beyond reasonable doubt.
The appeal contended that the classification of IPOB as a terrorist group unfairly subjects its members—primarily of Igbo ethnic origin—to discrimination, contrary to Section 42 of the Constitution.
It held that the appellate court wrongly equated proceedings before a “judge in chambers” with an ex parte hearing, thereby denying IPOB the right to present its case.
Other grounds of appeal stated on the notice of appeal by IPOB is that the Court of Appeal exceeded its jurisdiction by effectively declaring a “state of emergency,” a power constitutionally reserved for the President under Section 305 of the Constitution.
IPOB cited the African Charter on Human and Peoples’ Rights, which guarantees the right to self-determination, arguing that its agitation for Biafra falls within the legal boundaries of international human rights law.
The group relied on judicial precedents that caution against indefinite ex parte orders, emphasizing the need for due process.
In its prayers before the Supreme Court, IPOB is seeking an order to reverse the lower court’s decision and to nullify its proscription. The legal team representing IPOB includes notable human rights lawyers, led by Aloy Ejimakor, who has been at the forefront of the group’s legal struggle.
The appeal has the Attorney General of Federation ( AGF) as respondent.
