Lagos activist lawyer, Ebun-olu
Adegboruwa, has called on the leader of the Indigenous People of Biafra, IPOB,
Nnamdi Kanu to challenge the decision of the Federal High Court which
proscribed him and the group.
Recall that an Abuja Federal High
Court had on Wednesday declared the activities of IPOB as “acts of
terrorism”.
The court gave the ruling,
following an application filed by the Attorney-General of the Federation (AGF)
and Minister of Justice, Abubakar Malami, asking for the proscription of the
group.
Reacting to the ruling,
Adegboruwa said the order proscribing IPOB was faulty because the group was not
a legal entity before the law.
The activist lawyer argued that
the AGF cannot seek legal action against the group because it is non-existent,
adding that the court cannot also issue orders against the group as it is
“unenforceable.”
In a statement he signed, Adegboruwa urged President Muhammadu Buhari to follow his advice
to the United Nations, UN, General Assembly and “adopt dialogue in the
resolution of agitations.”
The statement reads, “The Order
of the Federal High Court proscribing IPOB is faulty in law and should be
challenged and set aside by all those affected or to be affected by the said
order.
“First, there cannot be any legal
entity in law known and referred to as IPOB, as such entity does not exist in
law.
“The Attorney-General of the
Federation cannot competently sue IPOB as a defendant, in any court of law, the
same being an entity unknown to law.
“The Court cannot make an order
against a non existing entity, such as IPOB. Such order, if and when made, is
at large and unenforceable.
“The Supreme Court has stated it
times without number that the court cannot proceed against a non juristic
person.
“The court, which is a creation of
law to interpret the law, cannot competently proscribe what does not exist in
the eye of the law.
“If IPOB is registered in Nigeria
at all, it can only sue and be sued in the corporate name of its incorporated
trustees. The Hon Attorney-General, with all due respect, cannot file or
maintain a suit in court against IPOB, in the manner formulated in this case.
“I urge Mazi Nnamdi Kanu and all
those concerned to proceed to challenge the competence of the suit itself and
the jurisdiction of the court to make the order.
“I verily believe that the
federal government should follow the noble advice that General Muhammadu Buhari
gave to the United Nations, to adopt dialogue in the resolution of the
agitations coming from the South East.”
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Nigeria has law maker and law bender, Buhari and his cohort are law bender!
ReplyDeleteAPC is a failed government.
ReplyDeleteAll terrorists organization that were proscribed in and outside the country were they registered?? Mr lawyer your advice is weak and misleading believe me the military will not spare these guys
ReplyDeleteThis what we Called porket lawyer federal government Challenged ipob activities and their behaviors not it's name as ipob
ReplyDelete