Senior lawyers have condemned the
Nigerian government’s move to proscribe the Shiite Islamic Movement in Nigeria
(IMN).
Recall that we revealed plans by the federal government to proscribe the group after a
security meeting President Muhammadu Buhari had with security chiefs.
On Friday, the government secured
an ex-parte court order to proscribe the Islamic group.
The court order for the
proscription of the Shiite group was issued by the Abuja Division of the
Federal High Court on Friday.
The proscription order was first
published by the Punch newspaper on Saturday.
According to the paper, the court
presided over by a judge, Nkeonye Maha, made the order and directed that “no
person or groups of persons should henceforth associate with the Shiites for
any reasons.”
To complete the process of the
proscription of the group, the court ordered the Attorney-General of the
Federation “to publish the order proscribing the respondent (Islamic Movement
in Nigeria) in the official gazette and two national dailies.”
Lawyers react
In his reaction to the
proscription order, a Senior Advocate of Nigeria, Femi Falana, described the
proscription as “immoral and illegal.”
He said the proscription of the
IMN for protesting against the disobedience of court orders by the federal
government ”is immoral and illegal in every material particular.”
The lawyer then made reference to
how he secured an appeal court ruling in favour of President Muhammadu Buhari
and his party when they were still in the opposition and were being intimidated
by the state for protesting.
“In 2003, General Buhari and
other members of the defunct All Nigeria Peoples Party held a rally in Kano to
protest the rigging of the 2003 General Election by the Olusegun Obasanjo
regime.
“The rally was violently attacked
by the Police on the ground that the ANPP leaders did not obtain police
permit,” Mr Falana wrote.
“On the instructions of General
Buhari and other the ANPP leaders, I challenged the disruption of the rally and
the legal validity of police permit for rallies and political meetings at the
federal high court.
“The case was won by the ANPP.
Apart from condemning the violent disruption of the rally by the Police, the
Court declared that police permit for rallies was illegal and unconstitutional.
“The appeal filed against the
judgment by the Police was dismissed by the Court of Appeal.
“In fact, the Justices of the
Court of Appeal unanimously held that the right of Nigerians to protest against
the policies of the government is part of the freedom of expression guaranteed
by the Constitution.
“Therefore, the proscription of
the IMN for the demonstrations of the Shiites against the disobedience of court
orders by the Buhari regime is immoral and illegal in every material
particular.”
Mr Falana, a counsel to Shiite
leader Ibrahim El-Zakzaky, then accused the federal government led by Mr
Buhari, a Sunni Muslim, of using the instrument of state to wage war against
the Shiites. The Shiites and the Sunnis are two constantly opposing factions in
Islam globally.
“It is particularly opportunistic
on the part of the Sunnis occupying public offices to use the instrumentality
of the State to liquidate the Shiites.
“The illegal proscription of the
IMN should be withdrawn. It will not stand as the fundamental right of the Shiites
to freedom of religion is constitutionally guaranteed.”
In his reaction, Mike Ozekhome, a
Senior Advocate of Nigeria, described the declaration of the Shiite movement as
a terrorist group as unconstitutional on the grounds that a religious group
could not be banned.
He added that proscription was a
violation of the rights of the members of the group guaranteed under Sections
38, 40 and 41 of the Constitution,
“The Constitution is ruthlessly
being shredded by an intolerant and overbearing civilian dictatorship.”
”The Shiite group is a religious
group, like the president’s Sunni group. It is not an association that could be
banned. Section 10 of the Nigerian Constitution makes Nigeria a secular state,”
Mr Ozekhome, a Senior Advocate of Nigeria, said.
Mr Ozekhome also argued that the
proscription is discriminatory as armed herdsmen who have killed hundreds of
Nigerians have not been declared a terror group.
”The herdsmen and their known
anchor, Miyetti Allah Cattle Breeders Association that has held Nigeria down by
the jugular for years, killing, maiming, burning, raping, turning Nigeria into
a crimson field of bloodbath?
”Until the government bans and
outlaws these, it is certainly not serious. They are demanding for the release
of their leader still kept in government dungeon in spite of several court
orders.”
Another lawyer, Johnmary Jideobi,
described the move by the government to ban the Shiite group as
unconstitutional and a nullity.
The lawyer argued that no arm of
government has the right to take away the freedom of fellow Nigerians without a
proper trial.
“Our constitution declares that
it is only when a court of law finds a citizen guilty of an offence that
conviction and sentencing can follow. Unfortunately, the ex-parte order of the
Federal High Court appears not to have reflected this constitutional safeguard
in that without any plenary criminal trial the Shiites have been found guilty
of being “terrorists” which is a grave label world over.
“This is because the ex-parte of
proscription has a somewhat perpetual effect of which under our laws an ex-parte
can only last for a few days. In fact, the Federal High Court Rules itself
proclaims in the clearest of language that every ex-parte order expires after
14 days of its issuance.”
“Being labelled a “terrorist”
presupposes that you have been tried and found guilty of the offence of
terrorism by a court of competent jurisdiction. The National Assembly [nay the
TPA] goofed by attempting to proclaim any person or group of persons
“terrorist” or “terrorist group” by an ex-parte order without a proper criminal
trial thereby sidestepping that time-hallowed process of determination of the
guilt or innocence of a criminal suspect sanctioned by the Constitution
itself,” the lawyer said.
The IMN Demand
The IMN protesters are demanding
the release of their leader, Ibrahim El-Zakzaki, and his wife Zeenah, who has
been detained since 2015 after soldiers killed hundreds of his followers.
The soldiers accused the Shiites
of blocking a major road being used by the Nigerian army chief, Tukur Buratai.
While the security agencies have
always accused the protesters of engaging in violent protest, the protesters
have claimed that their peaceful protests have been repeatedly attacked by
armed security officials.
A formal announcement of the
proscription of the IMN is expected by the federal government
The IMN will become the second
group to be proscribed by the Muhammadu Buhari administration.
In 2017, the Nigerian government
proscribed the Indigenous People Of Biafra (IPOB), a separatist group seeking
secession from Nigeria.
The Kaduna State Government,
where the IMN is based, had in 2016 banned the group and labelled it an
‘unlawful organisation.’ The ban has not, however, deterred the Shiites from
embarking on protests and other religious rites in Kaduna.
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