Saraki is Correct, Categorization of IPOB as Terrorist is Unconstitutional - Human Rights Lawyer

A Lagos-based lawyer and human right activist, Ebun-Olu Adegboruwa on Monday supported the declaration of the Senate President, Abubakar Bukola Saraki,
stating that proscription of IPOB is an illegality, according to a report by Tribune.

He states that, “the Senate President is correct in declaring the illegality of the purported proscription of IPOB as such. This particular Buhari regime is known for crass impunity and wanton disregard for the rule of law.

"It is true that the Army and the South-East governors have no power to proscribe any organization or to declare it’s activities as terrorism. It is only a court of law after due process has been followed, that can make such declaration.

“Section 40 of the 1999 Constitution grants every Nigerian Citizen the freedom to freely associate with others for the protection of their interests. IPOB and it’s members do not require govt recognition in order to operate as an association.

“This is not to condone that activities of IPOB that are considered violent or extreme. It is for the law enforcement agencies, especially the police, by all means not the Army, to invoke the die process of law to arrest such extremism.

"I urge that the govt should withdraw its troops from the South East and allow peace to reign in Nigeria,” he said.

Adegboruwa explained further that, “it is in this vein that I consider it an extreme provocation for the Army to be considering any militarization of the South West and the South South, under any guise whatsoever.

"We are not under a military regime but operation of a democratic government that is governed by due process and the rule of law.

"I therefore commend the Senate President for his courage and boldness to speak the truth. I urge the Speaker of the House of Representatives to do likewise and get all soldiers to go back to their barracks where they rightly belong.”

Another Abuja-based lawyer and right activist, Barrister Ugochukwu Osuagwu, stated that the military only described IPOB as militant terrorist organization from its analysis, adding that it is not a declaration or proscription. It is the Governors who acted wrongly by hastily proscribing IPOB.

“Note that it is Defense headquarters that made the statement not the Nigerian Army. There is a difference between the Army Headquarters and DHQ. Military only said they are, from their activities, terrorist. Military never proscribed IPOB. Commentators on this subject matter got the facts wrong and misapplied the Law.

“Where the military would have gone wrong is when they proscribed IPOB in preparation for Gazetting it under Section 2(1) TPA 2011.

"Military did not declare them terrorists but mere described them like terrorist from analysis of IPOB modus operandi of being violent of recent.

“It is not unlawful to analyze and describe them as such, it will become unlawful only when the Military announces its proscription without an application to a judge in chambers,” Osuagwu concluded