The High Court of Enugu State has declared the proscription of IPOB and the arrest, detention, and prosecution of its members unlawful, unconstitutional, and a violation of fundamental rights.
The judgment, delivered by Hon. Justice A. O. Onovo in Suit No. E/20/2023, was filed by IPOB leader, Mazi Nnamdi Kanu, on behalf of himself and members of the movement. The respondents in the case included the Federal Republic of Nigeria, the President of Nigeria, the Attorney General of the Federation and Minister of Justice, the Governor of Ebonyi State, and the South East Governors’ Forum.
After hearing submissions from Kanu’s legal team led by Barrister Aloy Ejimakor and the counsels for the respondents, the court issued a series of declarations and orders:
1. Proscription of IPOB Unlawful: The court held that the practical application of the Terrorism Prevention Act and administrative actions that led to IPOB’s listing as a terrorist group — given that IPOB is comprised of citizens of Nigeria from the Igbo and Eastern Nigerian ethnic groups — are illegal. It ruled that professing self-determination is not a crime in Nigeria, and using it as a basis for proscription, arrest, detention, or prosecution is unconstitutional.
2. Self-Determination is a Right: The court expressly declared that self-determination is not a crime under Nigerian law and cannot be used as grounds for criminal charges against the applicant or IPOB members.
3. Official Apology: The court ordered the respondents to jointly and severally issue official letters of apology to Kanu for infringing his fundamental rights, with the apologies published in three national newspapers.
4. N8 Billion Damages: The court awarded N8 billion in monetary damages against the respondents jointly and severally, to compensate for physical, mental, emotional, psychological, property, and other damages suffered by the applicant.
5. No Order as to Cost: While granting the above reliefs, the court made no additional order on costs.
The ruling, which was certified as a true copy by the High Court Registry in Enugu on October 10, 2023, represents one of the most significant judicial victories for IPOB in recent years.
Reacting to the judgment, lead counsel Barrister Aloy Ejimakor stated:
“This landmark victory speaks for itself that it was not for MAZI NNAMDI KANU alone but was also for the Indigenous People of Biafra. And it has been used successfully to defend many IPOB members in Court. So, this victory is not for the Okwu-Kanu family but for the IPOB family. Yet, the Okwu-Kanu family is instrumental to it.”
