Justice A.O Onovo gave the ruling on Thursday, six years after the Forum under the leadership of former Ebonyi State Governor David Umahi proscribed activities of the pro-Biafra group.
The leader of the group Nnamdi Kanu had in the wake of the move approached the court, seeking a reversal and sought an N8bn payment in damages “for the physical, mental, emotional and psychological trauma he was subjected to”.
In his judgment, Justice Onovo declared IPOB’s proscription by the Forum as illegal and unconstitutional.
Justice Onovo then mandated the defendants to pay Kanu N8bn in damages. He also ordered them to apologise to the IPOB leader via newspaper publications.
Following the development, the Special Counsel to Nnamdi Kanu/IPOB Aloy Ejimakor hailed it, describing it as a “landmark victory”.
“Today, I led a team of lawyers to a landmark victory before the High Court of Enugu State in SUIT NO: E/20/2023 filed in January 2023 against the Southeast Governors’ Forum and the FG (Respondents) for their collective executive actions (in 2017) that led to the proscription of IPOB and declaring it a terrorist group in contravention of Section 42 of the Constitution which prohibits discrimination on the basis of ethnicity,” he said in a statement Thursday.
According to Ejimakor, the court “Declared that self-determination is not a crime and thus cannot be used as a basis to arrest, detain and prosecute the Applicant, MAZI NNAMDI KANU.
READ KANU’S LAWYER’S STATEMENT BELOW
PRESS RELEASE: 26th October, 2023
From: Aloy Ejimakor, Esq.
Subject: Mazi Nnamdi Kanu/IPOB wins landmark victory against proscription of IPOB
Today, I led a team of lawyers to a landmark victory before the High Court of Enugu State in SUIT NO: E/20/2023 filed in January 2023 against the Southeast Governors’ Forum and the FG (Respondents) for their collective executive actions (in 2017) that led to the proscription of IPOB and declaring it a terrorist group in contravention of Section 42 of the Constitution which prohibits discrimination on the basis of ethnicity.
In a well-considered judgment that lasted for over three hours, the High Court (coram Justice A.O. Onovo) granted the following Reliefs.
1, Declared that the practical application of the Terrorism Prevention Act and the executive or administrative action of the Respondents (Southeast Governors Forum and the Federal Government) which directly led to the proscription of IPOB and its listing as a terrorist group, said IPOB being comprised of citizens of Nigeria of the Igbo and other Eastern Nigerian ethnic groups, professing the political opinion of self determination and the consequent arrest, detention and prosecution of the Applicant (MAZI NNAMDI KANU) as a member/leader of said IPOB is illegal, unlawful, unconstitutional and amounts to infringement of the Applicant’s fundamental right not to be subjected to any disabilities or restrictions on the basis of his ethnicity as enshrined and guaranteed under Section 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and his fundamental rights as enshrined under Articles 2,3,19 &20 of the African Charter on Human and People’s Rights (Enforcement and Ratification) Act.
2, Declared that self determination is not a crime and thus cannot be used as a basis to arrest, detain and prosecute the Applicant, MAZI NNAMDI KANU.
3, Ordered the Respondents, jointly or severally, to issue official Letter(s) of Apology to the Applicant (MAZI NNAMDI KANU) for the infringement of his said fundamental rights; and publication of said Letter(s) of Apology in three (3) national dailies.
4, Ordered the Respondents to, jointly or severally, pay the sum of N8,000,000,000.00 (Eight Billion Naira) to the Applicant (MAZI NNAMDI KANU), being monetary damages claimed by the Applicant against the Respondents jointly and severally for the physical, mental, emotional, psychological, property and other damages suffered by the Applicant as a result of the infringements of his fundamental rights by the Respondents.
I thank my erudite colleagues in chambers – Barristers Patrick Agazie, Ifeyinwa Nworgu, Mandela Umegborogu, Ozioma Eguzoribe, Edith Chidimma Eze and Obianuju Iloanya.
Signed:
Aloy Ejimakor, Esq.
Special Counsel to Nnamdi Kanu/IPOB
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