The Indigenous People of Biafra
(IPOB) has called for the dismissal of Defence Spokesman, John Enenche,
claiming he deceived the public by declaring them a terrorist group.
Eneche made the declaration,
citing the “formation of a Biafra secret service, militant possession and use
of weapons as well as physical confrontation of troops” as part of reasons for
the declaration.
But IPOB have accused him of
usurping the roles and responsibilities of the judiciary, arguing that he had
no legal backing.
“This declaration is not only
judicially provocative and belligerent, the Idoma-born army officer acted
beyond the mandate of the Nigerian army as specified in sections 10 & 11 of
CAP A20 Laws of the Federation of Nigeria (L.F.N.) 2004 and in section-217(2)
of the Nigerian fraudulent constitution,” read a statement by Emma Nmezu and
Clifford Iroanya, who identified themselves as spokespersons of the
organisation.
“Recall that on March 1, 2017,
the Honourable Justice Binta Murtala-Nyako of the federal high court, Abuja
declared in her ruling that IPOB is not an unlawful society/organisation.
“Justice Binta Murtala-Nyako gave
her judgment having studied the conditions for an organisation to be deemed
unlawful as stipulated in section-62 of CAP C38 L.F.N. 2004.
“Up till this day, that ruling
from Justice Binta Murtala-Nyako has not been upturned by any court.
“And for this reason,
Major-General John Enenche (though a Biafran from Idoma land) must be dismissed
from the Nigerian army, arrested and brought to trial in the court of Justice
Binta Murtala-Nyako.”
They added that what constitute
the “acts of terrorism” are given in the terrorism (prevention) Act of 2011,
where “section 2 stipulated that only a judge can declare an organisation
proscribed based on proven case of acts of terrorism and such case will be
presented to the judge through an application made by the attorney-general or
the national security adviser or the inspector general of police with the
approval of the president. The judge’s declaration will thereafter be
gazetted”.
“The questions that now beg for
answers are: (1) Does the director of defence information (DDI) of the Nigerian
army (Major-General John Enenche) fall into any of the three categories of
persons that should make an application to a Judge to declare IPOB a terrorist
organization?” they asked.
“(2) Which judge did the DDI make
such application to and was it approved by the president prior to submitting
the application?
“(3) Where is the approval given
to the DDI by the judge? (4) When and where was the Judge’s declaration
gazetted?”
“In particular, this deceitful
act is a violation and interference into the judicial arm of government and it
is an overreach. It is also a deliberate act in contempt of a subsisting ruling
in a competent court of law.
“IPOB, whether led by Nnamdi Kanu
or led by the DOS, is not a terrorist organization because no court of
competent jurisdiction has so declared it. The so-called declaration by
Major-General John Enenche is null and void and of no effect.”
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