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.”
By Ifreke Inyang
