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Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional (47063 Views)

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Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by PointB: 9:55am On Sep 18, 2017
Senate President Bukola Saraki says the categorisation of the Indigenous People of Biafra (IPOB) as a terrorist organisation by the defence headquarters and proscription of the group by south-east governors did not follow due process.

The military and governors from the south-east moved against IPOB on Friday.

In a statement on Monday, Saraki said due processes must be followed in accordance with the law before such declaration can have effect.

The senate president expressed hope that President Muhammadu Buhari would initiate the right process for declaring IPOB a terrorist group, saying this would demonstrate to the world at large that “we are a country that operates by laid down process”.

“I also wish to state that the announcement of the proscription of the group known as Indigenous People of Biafra (IPOB) by governors of the south-east states and the categorisation of the group as a terrorist organisation by the Nigerian military is unconstitutional and did not follow due process,” the statement read.

“Our laws make clear provisions for taking such actions and without the due process being followed, such declaration cannot have effect.”

Appealing for calm and Nigerians, Saraki called on all Nigerians to come together and find the right solution to the problem rather than worsening the crisis.

“Our brothers and sisters in the south-east, in particular, should continue to maintain peace and tranquillity and go about their lawful business. This crisis will not benefit anybody but would only expose innocent people to unwarranted danger,” it read.

“At this point, Nigerians outside the south-east who have worked to ensure that the crisis does not spread to other parts of the country deserve our commendation. I, therefore, call for continued efforts to sustain peace, unity and stability in all our communities so as to ensure that all residents, no matter their religion, tribe and creed remain protected and safe under the law.

“We must commend the military for their efforts in restoring peace to different parts of the country and sustaining the unity of the country.

“However, in the face of provocation, the military should allow themselves to be guided by their training which emphasises respect for human rights, even in war. Also, giving the nature of this particular situation, the military has every reason to be hesitant in the use of force.”

He said the army should not be over-stretched as there is need to protect the military “against dissipation of their fighting strength”.

The nation’s number three citizen also revealed the plan of the national assembly to embark on a “fact-finding mission” to the south-east.

“I want to also make it clear that the national assembly intends to embark on a fact-finding investigation aimed at determining what actually happened during the period of the military exercise in the south-east. We want to be able to sift the facts from the fiction and determine who did what. It is quite clear that all the facts are not yet known. We assure Nigerians that there will be no cover up. We intend to lay the facts bare.

“We want to remind Nigerians that the reason for embarking on constitution review by the national assembly was to enable us look into issues that are agitating the minds of Nigerians and creating tension among us. We have promised that the exercise would be continuous.

“We intend to keep that promise by further taking decisions that would strengthen and improve on our structures. The eighth national assembly, on resumption, will play its constitutional role by addressing all those issues that are agitating the minds of our people and over which they feel so strong.”


https://www.thecable.ng/ipob-ban-unconstitutional-says-saraki

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by paschu: 9:56am On Sep 18, 2017
undecided

How on earth do you designate an entire PEOPLE as terrorists simply because THEY ARE DARN DETERMINED TO GET A REFERENDUM to allow everyone decide FOR THE FIRST TIME if or not they want to continue in this island of fraud and social/political/economic injustice called "One Nigeria".

You kill and maim innocent civilians in cold blood, yet you expect God, their friends, family and relatives to support your agenda. No, you've lost me already.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by Nasa28(m): 9:57am On Sep 18, 2017
Mumu country

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by Blue3k(m): 9:57am On Sep 18, 2017
Interesting but isn't the court supposed to judge on constitutionality? I guess the lawyers against the DHQ declaration are probably right. They need to get this approved by highcourt judge If Saraki is correct.

Senate President Bukola Saraki, in a statement he personally signed today, said the proscription and the designation did not follow due process, as stated in the law.

According to the Section 2 (c) of the terrorism prevention act, in setting up or pursuing acts of terrorism, the judge in chambers may on an application made by the Attorney-General, National Security Adviser or Inspector-General of Police on the approval of the President; declare an entity to be a proscribed organisation and the notice should be published in official gazette.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by nototribalist: 9:58am On Sep 18, 2017
SMH up till now this is not on the front page? Na wa o

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by Nobody: 9:59am On Sep 18, 2017
PointB:
IPOB: Senate overrides S’East govs, military
— 18th September 2017

…Says declaration of IPOB as terrorist group unconstitutional

The Senate has described the recent proscription ‎of activities of the Indigenous People of Biafra (IPOB) by South East governors and designation of the same group as a terrorist organisation by the military as ‘unconstitutional’.

Senate President Bukola Saraki, in a statement he personally signed today, said the proscription and the designation did not follow due process, as stated in the law.

He, however, called for calm and promised that the Senate will investigate the crisis in the region when the upper chamber reconvenes next week.

Details later…


http://sunnewsonline.com/ipob-senate-overrides-seast-govs-military/
Saraki is funding IPOB

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by BrokenTV: 9:59am On Sep 18, 2017
I will start my own boycott of elections with anambra state governorship election. the south eastern governors has shown that they do not have the interest of their people at heart, but only serve their own interest, especially when they felt threatened. they forgot that they are serving their people there, that is their people that put them in that position to the present them.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by SLIDEwaxie(m): 10:00am On Sep 18, 2017
Where is the override?

But in the real sense, we know that the military cannot declare any group as terrorists until the law does so.

And we know that the SE govnrs cannot ban a group's activities, unless of course, the group is hell bent on causing civil unrest...

iPods, pls, where is Kanu

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by IkpuMmiri(f): 10:01am On Sep 18, 2017
Saraki Is A Comedian! grin

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by PointZerom: 10:03am On Sep 18, 2017
SLIDEwaxie:
Where is the override?

But in the real sense, we know that the military cannot declare any group as terrorists until the law does so.

And we know that the SE govnrs cannot ban a group's activities, unless of course, the group is hell bent on causing civil unrest...

iPods, pls, where is Kanu


Kanu has gone the way of Buhari when Lt. Col. Oscar Ibibibo of the royal brigade army declared operation RAT DANCE in Aso rock.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by Nobody: 10:04am On Sep 18, 2017
The president and his forces keeps making a fool out of themselves. They dont know the difference between secessionists and terrorists. And some yoruba's who claimed to be educated are supporting him and jubiliating at the sad incident.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by Celcius: 10:04am On Sep 18, 2017
I trust them. You approved nonsense, it can come around and plague you.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by Kazim88: 10:06am On Sep 18, 2017
Buhari government is just disgracing themselves...

Every step they take is a colossal failure...

Now that kanu has gone underground... how do you dialogue with the group...

How do you explain to Igbos, Nigeria and the world you did not attempt genocide

How would you handle the situation When North inevitably start to burn.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by Jesusloveyou: 10:07am On Sep 18, 2017
Override what.
Saraki is on his own, northern senator cannot agree with him.
What else did you want before it can be declared a terrorist group.
A group that is violent and has their own secret security service, has drone to monitor Nigeria security outfits.
So the army has plenty right

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by luvinhubby(m): 10:08am On Sep 18, 2017
Even an ordinary Customary court judge can upturn that nonsense proscription by both the millitary & governors as the law is clear and explicit on how to pronounce a body as a terrorist organization.

It is only the judiciary, upon application that can pronounce a group as terrorists and not the executive, both at federal or state level.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by SLIDEwaxie(m): 10:08am On Sep 18, 2017
PointZerom:



Kanu has gone the way of Buhari when Lt. Col. Oscar Ibibibo of the royal brigade army declared operation RAT DANCE in Aso rock.
as expected, senseless group...

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by 2nitexclusive(m): 10:08am On Sep 18, 2017
Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by PointB: 10:08am On Sep 18, 2017
Blue3k:
Interesting but isn't the court supposed to judge on constitutionality.
.

I've always maintained that Nnamdi Kanu was wrong to call Nigeria a Zoo, the proper classification is Jungle. At least a Zoo has some semblance of order. In Nigeria nothing is done orderly.


In the first place, the Military (reduced to merely doing police work) overreached their mandate by declaring IPOB a terrorist organisation. Secondly, the clueless South-East governor tried to capitalised on this by proscribing the group and announcing ban on rallies and protests, directing aggrieved citizen to channel grievances through Ohaneze. And there is the question of Ohaneze. In which way is Ohaneze more representative of Igbos than say IPOB or even MASSOB? Where do they derive their mandate from?

And as if the litany of clueless act was not enough, a police commissioner criminalizes the possession of Biafra paraphernalia.

One recurring decimal in all these is that the elites are trying to suppress freedom through exercise of power they do not possess. This is characteristic of jungle behaviour. This qualifies Nigeria as a Jungle!

For the avoidance of doubt only the Judiciary has the right to pronounce IPOB as terror organisation. Yet I doubt if the same judiciary has the power to ban protest or agitation. That's where the South East governors got it wrong.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by Kazim88: 10:10am On Sep 18, 2017
Nigeria Army and Government need to be sued to Court....

Nobody is above the law... they are due processes... What they did was pure criminality and rogue.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by Goke7: 10:12am On Sep 18, 2017
IkpuMmiri:
Saraki Is A Comedian! grin

na politics nah, senators from the SE will need votes for 2019

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by Blue3k(m): 10:13am On Sep 18, 2017
PointB:
.

In the first place, the Military overreached their mandate by declaring IPOB a terrorist organisation. Secondly, the clueless South-East governor tried to capitalised by proscribing the group and announcing ban of rallies and protest. Directing aggrieved citizen to channel grievances through Ohaneze. And as if the litany of cluesless was not enough, a police commissioner criminalizes the possession of Biafra paraphernalia.

For the avoidance of doubt only the Judiciary has the right to pronounce the IPOB as terror organisation. Yet I doubt if the judiaciary has the power to restrict freedom to protest or agitate. That's where the South East governor got it wrong.

I agree they are wrong because the didn't follow due process. The law says you need a judge to sign off on it. The lawyers opinions I read on opposition seemed more convincing.

According to the Section 2 (c) of the terrorism prevention act, in setting up or pursuing acts of terrorism, the judge in chambers may on an application made by the Attorney-General, National Security Adviser or Inspector-General of Police on the approval of the President; declare an entity to be a proscribed organisation and the notice should be published in official gazette.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by PointB: 10:15am On Sep 18, 2017
giftq:

Saraki is funding IPOB

Somebody has to fund them. And there is nothing wrong in that. Had I the funds they need, why not?

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by ekesimo(m): 10:18am On Sep 18, 2017
that is what u get wen u vote in clueless and illiterate set of people as governors.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by nnabyke042: 10:19am On Sep 18, 2017
I have nothing to say,pending when kanu will come out his hiding place.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by ChangetheChange: 10:19am On Sep 18, 2017
grin

Nigeria military is confused like Buhari


Who gave Nigerian Military the constitutional power to declare IPOB a terrorist group
-

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by fergie001: 10:19am On Sep 18, 2017
Saraki,you could be termed IPOB,
this is because some might say you are PDP and have leanings of your DSP.

I will not shout my hearts out,on whether this is constitutional or not?
I believe even "Pinky" in the 'Pinky and Brain show" knows that,let alone the President of the World's most populated black nation,his Dubai army chief,his security operative,and the akpu-headed Governors of the S/E.

What is Osinbajo's input to this Government,as a Professor of Law?
Let us assume Malami is a figurine,what is the VP saying?
Hasn't he read the Anti-Terrorism Act,2011 as amended?

Why do this FG like to continuously stretch the instruments of our constitution? Buhari...What did you learn in 1985?
What did you learn about democracy?
Why do you revel in unconstitutionality?
The Army takes order from you as the C-in-C,so please call them to order.IPOB is not a terrorist organization.
Do not push those 5 traitors to nodding their agama heads to you.
Be a President and not a Shiekh.
This is democracy,not fascism.

Pls after the UNGA,come back and deny this.
If you do not,know you have graduated from been a tyrant to a super-tyrant.
And you know how super-tyrants end?
Please don't be.

God Bless us all.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by prolificJosh(m): 10:20am On Sep 18, 2017
Naso

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by PointZerom: 10:21am On Sep 18, 2017
SLIDEwaxie:
as expected, senseless group...


Buhari ran away from rats while NK ran away from assassinators, who's a coward here?.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by lordimmaogidi(m): 10:22am On Sep 18, 2017
This country is cursed under the nose of buhari,I must confess may de spirit of the forgone terrors n de innocent bloods split on a cold blood,hurt them all and all their family members .they will never no peace,all the days of their lives.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by Ikology(m): 10:23am On Sep 18, 2017
Interesting.I maintained the Nigerian Army was wrong in their hasty declaration. In a bid to end operation python dance, southeast governors scored an own goal. lets see how it pans out.

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Re: Saraki: Banning Of IPOB By Military & South-East Governors Is Unconstitutional by paschu: 10:23am On Sep 18, 2017
Good thoughts. Why not take a moment to make it readable? Just add proper spaces to the text as I just did below:


ekesimo:
The Fight of lies and propagandas against the Igbos

The Nigeria government has waged a serious war against the people of IPOB whose main struggle is for a peaceful Referendum. This peaceful Referendum, they intend to get through peaceful rally, civil disobedience, boycotting of election(yes! boycotting)and other legal means of voicing discontent with a formular that poses to be supportive of a certain set of people.

The Nigerian government has tried all it can do to vindicate this group because they are a real threat to their selfish and marginalized exploitations.With the support of some saboteurs whose greedy beings would never want any imbalance in the status quo, they waged a war against unarmed people. They decided to go about it the rugged way, a way round the book, whatever needs to be done must be done, anything goes...

Operation python dance was initiated to suppress and force them down but unfortunately, it was hijacked by the blood thirsty cabals with the sole evil intent of killing their leader. Suffice it to say that, it is only a tree that will get information of its death and still be immoblie then talk more a man whose one of its basic instinct is self defense.

Their plan has failed woefully, there is confusion and rebuke from people in words and in deed.

In a bid for damage control, they decided to call them Terrorist Group. A proclamation that in itself is unconstitutional, null and void hence, of no effect. But it is still a good thing that at least there are some good men out there.


The war has been declared on a set of people who wants to exercise their right of self-determination as enshrined in the UN Declaration, one which Nigeria is a signatory to. A peaceful referendum that will chart their own course as a nation. It is no longer physicalistic or militaristic but a war of lies and propaganda aimed at painting them black in the eyes of externals, which intends to grease their armoured tanks and machines. But we all still know the truth.

They will not fail to recognize the two-time set of leaders they have. Those who have decided to romance the back of their oppressors at the peril of their own kin because of a paltry they kneel to recieve at Abuja. But they will not relent. The movement is more than a bunch of people, it is more than an ideology, it has come to stay until Glory is achieved.

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