Ubani said the ruling showed that he and some other Nigerians were right after all when they argued that the Nigerian army does not have the power to declare IPOB a terrorist group.
He however argued that the challenge before Nigeria in relation to the ruling is the fact that IPOB is not a registered entity in Nigeria.
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“The ruling by the Federal High Court, Abuja on Wednesday shows that some of us were right when we said that the Nigerian military was wrong to have pronounced IPOB a terrorist organisation without following due process.
“It also showed that we were right when we told the south-east governors that they have no right under the law to proscribe IPOB.
“The proscription of any organization as stipulated by law is through a judicial process,”Ubani said in a statement to NAIJ.comon Thursday, September 21.
He said it was lamentable that the government had already proscribed the group before rushing to the court to seek a ruling.
“The issue now is if you say you have proscribed an organisation and that organisation is not registered in law, there is a problem. Our laws stipulate that only a juristic person can be sued.
“I believe IPOB is not registered under our laws. So there is a problem because the court has just proscribed an organsation that is not registered under our laws.
“If you take a look at the court order, it says IPOB, whereas there is no entity known as IPOB under our laws…This is clearly a complex situation.
“I think what IPOB has to do now is to proceed to the court to challenge the order.
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“Even if, assuming without conceding that IPOB was properly registered under our law, does it qualify to be labelled a terrorist organisation based on our laws and arguments advanced by the Attorney-General?
“As it stands today, IPOB by way of the Federal High Court order, remains a terrorist organization but that order can be challenged and set aside,”Ubani argued.
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News source: https://www.naij.com/1126537-how-ipob-win-terrorism-case-nigerian-government-nba-chief-ubani.html
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