NEITHER THE MILITARY NOR GOVERNORS HAS THE LEGAL VIRES TO DECLARE/PROSCRIBE ANY ORGANIZATION AS TERRORIST GROUP IN NIGERIA.

Nigeria has not stopped amazing the likes of me. It is, indeed, a country where all things are possible: including standing the law on its head. Quite pathetic.

I have been deliberately mute over the ongoing macabre dance of the Federal Government (FG) of Nigeria on the secessionist agitations/protests by the South-Eastern based Indigenous People of Biafra (IPOB). What irked me most is the alleged proscription of IPOB by the Nigerian Army and South-East Governors’ Forum at its meeting in Enugu yesterday. I got up angry this morning and decided to purge myself and state my candid opinion, since the recent development has touched on my Legal Area of Specialisation: Anti -Terrorism Law and Human Rights.

The news dailies of the 15th and 16th September, 2017 reported both press releases held by the Nigerian Army and South-East Governors where they allegedly informed Nigerian public that they have proscribed and declared IPOB as Terrorist Organisation in Nigeria. Please, see http://thenigerialawyer.com/just-in-nigerian-military-decl…/ and http://thenigerialawyer.com/just-in-south-east-govs-proscr…/

As a member of the legal fraternity, I am aware that the law that regulates and/or punishes offences relating to conducts connected terrorism in Nigeria is the Terrorism (Prevention) Act, 2011 (as amended in 2013). That Act defines both “Terrorist Organisation” and “Proscribed Organisation” and more importantly, mentioned the agencies/persons that have the POWERS to make DECLARATIONS and PROSCRIBE organisations found to be involved in terrorist activities.
Section 19 (d) of the Terrorism (Prevention) (Amendment) Act 2013 amended Section 40 of the Principal Act (2011) and inserted the following: "proscribed organization" is a group involved in terrorism and is prohibited by law from operating in Nigeria and -
(i) declared to be a proscribed organization under section 2 of this Act; and
(ii) includes a group which has been declared to be an international terrorist group under section 9 of this Act...”
The same Section 19(h) provides that "terrorist organization" means any group of terrorist that-
(i) commits, or attempts to commit terrorist acts by any means, directly or indirectly, unlawfully and willfully,
(ii) participates as an accomplice in terrorist acts,
(iii) organizes or directs others to commit terrorist acts, or
(iv) contributes to the commission of terrorist acts by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act ..”
No doubts, it is within the powers of the executive to ‘declare’ or ‘proscribe’ any group as “terrorist organisation” under the said section 2.
However, that power must be exercised according to the provisions of the Act. It cannot be done through hosting of press conferences and counter-press conferences.

On the procedure for the proscription of an organisation, the Act is sufficiently clear.
Section 2. Proscribed Organisation.
It provides thus: “(1). Where two or more persons associate for the purpose of or wherein organization engages in— (a) Participating or collaborating in an act of terrorism;
(b) promoting, encouraging or exhorting others to commit an act of terrorism; or
(c) 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 any entity to be a proscribed organization and the notice should be published in official gazette.

In compliance with the foregoing provisions, and particularly Section 2(1)(c), the Federal Government (under Fmr. President G.E. Jonathan) approached the Federal High Court in Suit No.FHC/ABJ/CS/368/2013 on 24/05/2013 for the declaration/proscription of the notorious Boko Haram. That was granted (per Kafarati J of Federal High Court No.2 Abuja) and Boko Haram was officially “proscribed” by the COURT on the APPLICATION of the then ATTORNEY GENERAL OF THE FEDERATION. Not the Army or the Governors. Not in the Court of Public Opinion (Media) but in the Court of Law.

Consequent upon that proscription and in compliance with Section 9(4) & (7) of the Terrorism (Prevention) Act 2011, the Federal Government proceeded to Gazette same in Federal Republic of Nigeria Official Gazette No. 34, Volume 100.
That Gazette was successfully relied upon in the cases of Federal Republic of Nigeria v. Mustapha Fawaz & 4 Ors (Unreported Charge No. FHC/ABJ/CR/112/13 (a Judgment delivered on 29/11/2013 per Hon. Justice A.F.A. Ademola of Federal High Court No. 6 Abuja) and Federal Republic of Nigeria v. Murktar Ibrahim (Unreported Charge No:FHC/ABJ/CR/178/2017) per Justice G.O. Kolawole (of the Federal High Court No. 5 Abuja) on 20/11/2015.

Now, in the instant case of IPOB, has the above legal provision been complied with? I am not aware of such compliance. Assuming but not conceding that IPOB truly exhibits the core traits of terrorist outfits, is that not double standard in a country where the rule of law and equally before the law are claimed to be part of our legal norms?
If the National Security Adviser and Inspector-General of Police are unaware of the above provisions of the law, that may be pardoned but not the Attorney-General of the Federation. Why is Mr Malami (SAN) so glaringly slacking in his duties as the Chief Law Officer of the Federation?

While we await the responses to those germane interrogatories, may I quickly request anyone that that has access to the Government (the Presidency, acting through the Army Authorities and the South East Governors Forum), to advise them to stop fulfilling the wishes of the Arewa Youths and comply with the law of the land. How? By approaching the court and apply for proscription of IPOB if they have sufficient grounds for that. In the spirit of Separations of Powers, let the judiciary decide either way. But I will not be surprise if the present administration of President Muhammadu Buhari continues to jettison this noble and entrenched legal procedure, considering its antecedental flouting of court orders in the ongoing trial of the embattled the Leader of IPOB - Mazi Nnamdi Kanu & Ors.
May it be emphasised here that unless and until that is done, IPOB remains a non-terrorist group. Instead, IPOB should be seen and treated as self-determination or freedom fighting movement, peacefully asking for referendum on the continued South Eastern corporate co-existence with the rest Nigerians.

Further, In the likely event that the Federal Government is ignorant of the case pending before ECOWAS Court of Justice against it, please draw their attention to that and the yet to be refuted fact that IPOB is a civil and non-violent organization registered in the United Kingdom. That it was registered under the United Kingdom Companies Act 2006. That it was issued a certificate registration with Reg. No. 9141882 and that it has more than 30 branches globally, including in Nigeria, according to the papers filed in that Court.

Fiat justitia ruat cælum.

H.U. Okoronkwo, (Ph.D in View)
Faculty of Law, University of Delhi.
16th September, 2017.
uchenna.okoronkwo@gmail.com

Is Buhari a sectional or regional leader or President of the Federal Republic of Nigerian?

What a shame, that a man who claims to be a Medical Doctor is reasoning this way!!!
No wonder he was the Governor fit to be removed from office and taken away in the booth of a car.
Arrant nonsense of an Ngige.
He clearly doesn't deserve to represent Anambra State in the FEC and should therefore resign forthwith.

Chisos

If you have been to or lived in India, you will agree that this is not new. Nigerians are paraded daily on TV over drug related crimes. Quite unfortunate...

True. Reason: God made them as they are "Before Marriage" while Men make them as they appear "After Marriage".

Put in another way, God create Girls while Men make Wives.

We Men are bad re-creators of Women

All things are possible. How about Rev Sisters and Rev Fathers? How do they cope for life?
Marriage vows are sacred. Keep the bed undefiled. Just get a very busy job and you won't Remember sex. I am a living witness.

I no like the girl. Hoo haa!!

Lala247:


But shes showing shes interested n yet no serious move, wetin dey worry u a self lol if she shows sign shes trying to hard if she doesnt lol problem wt do u guys want

People Making Fortune Out of The Misfortune of Others.

No. 7 is so true.
And one came to me after class and requested to photocopy cover page of a reading material EVERYONE in the class has. I obliged. Then, she went further, "pls, how do I contact you when I have finished, to give it back to you?" Na so I carry my no. give am. Don't ask me how the game ended

[color=#006600][/color]
VIRGINITY IS NOT DIGNITY. IT IS LACK OF OPPORTUNITY.

[color=#006600][/color]
People showing us what they should hide from us. Nothing is Private anymore. Why can't We Keep Privates private?
May be it is better to go back to the days of Adam and Eve...unclothedness! That's the original purpose of God for Man. Mchew

Men are friends of each other
Women are enemies of each other, they fight each other, curse each otger , envy each other etc but men generally flow easily with each other with very little friction, women wish this was the case with them.


[/quote]

Even if I do not agree with the earlier points, this one is so true. Consider how girls find it so hard to be roommate.
If they don't fight over one thing, it must be the other. No Peace!

Niwdog:
Rub am hot pepper mixed with iodine, then drink chloroquine tab join

You no well at all at all. Your fellow man has real problem and you dey tell am that kind solution.

If the JTF continues like this, Boko Haram will vanish with two weeks.

The Aboki is right to have burnt it.
The PVC has expired!

[color=#990000][/color]Am available oh! Send me your CV first!

The case may be withdrawn but reversing the court's decision is only possible on appeal by an appellate court. But, how can that be possible if the appeal is dropped? Not possible. So, its better to allow the case to be determined in finality.

In any case, I have no problem with our being banned. In fact, we need it.

Paroman:
U claim Obi has spent 8 years in office without doing anything, yet u spent 9 years with your girlfriend without marrying her(That is relatively more than two tenures in her 'political office' with nothing to show for it). Na God go surely judge u o!!

ALL girlfriends are NOT marriageable, not for marriage and not marriage material.

If in India, those that dare touch any animal, be it birds, reptiles, mosquitoes etc will all go to jail. The punishment could be more in the case of such highly valued and protected endangered specie like the Python. Our laws on cruelty against animal has failed.

He is alive: Those he killed are dead and gone. Where lies Justice?

Please Confirm: Doctors say that looking at busty women's breasts for 10 minutes per day is good for the health of men. True or False?

NEW DELHI: "I don't understand Hindi but I do understand when I'm being taunted. Many people murmur 'kala' when I'm walking down the street," said Okoronkwo Hyginus Uchenna, a law student at Delhi University and a Nigerian.

He was drawn to Delhi after he saw photographs showing a diverse student body here. He has no complaints from his classmates and professors, but the rest of Delhi makes him wish he had stayed home.

Bangalore has seen it — a techie from an African country living in India for a decade faced a racist attack a week ago — and Delhi's treatment of foreigners, especially Africans, is not very different.

Most people willing to talk about it believe that all is not well in the Delhi Metro. "Everyone stares. Some laugh very loudly," said Daniel, another DU student.

Uchenna deals with it by putting on shades, headphones and "shutting everything out." He says, "People behave as if we are dangerous". And if the staring wasn't bad enough, many curious locals pull out cameras and camcorders to photograph. Uchenna and a Namibian friend had to deal with nosy Delhiites-he describes them as "local champions"-snapping pictures of them without permission at a metro station on their way back from a late-night movie show.

Pursuing a PhD in Delhi, another student who doesn't wish to be named, says that most of his movement is "between school and home," unless a friend or professor takes him around. He is happy in his Mukherjee Nagar house especially because he had a hard time finding any other. "I was staying in a hotel for four months but then had to find a flat. When flat-owners saw my documents and figured I was a Nigerian, they refused."

The problem of finding accommodation is faced by many. "I had gone to search for a house with a Nepalese friend in Lajpat Nagar," says a Rwandan, in Delhi since a year-and-a-half, "The owners were okay with my Nepalese friend but to me they said- no black person in the house." But he adds that he is "open and quick in making friends" and that has helped him survive.

Many are refused entry at parties and houses and confrontations have never helped. "I have confronted people who have taunted or laughed at me. But they say that you are in their country," said Daniel.

"I've stopped accepting any invitations as you never know what might happen. Also I am planning to buy a photocopy machine," says Uchenna, "At most photocopy shops, the workers refuse to copy documents for me. They'll say they are busy even if they are not doing anything," he added.

SOURCE: http://articles.timesofindia.indiatimes.com/2013-07-21/india/40707933_1_delhi-metro-delhi-university-metro-station

Wonder why you’re always out of cash? These are poor habits that keep you from getting rich. These are mostly spending sins.


1. Using credit cards or debit cards:
The card has become such an important part of our lives we cannot live without it. I have always argued that the card dramatically reduces our need to print notes, etc…however if you wish to reduce your expenses, stop using the card, shift to cash.


2. Emotional Shopping:
Stop and think why you are buying things. Is it because you had a fight? an argument with your boss? time-pass? as entertainment? you have been waiting for a friend and you were supposed to meet in a mall? Or do you really need the things that you are staring at in a shop? Instant gratification is great – so what if it creates debt in the long run?


3. Entitlement shopping:
Amazing how many people think ‘this much is basic’ how can I not travel by air, taxi, auto…or ‘it is my wedding anniversary, I MUST BUY HER a diamond ring’ or ‘sir we just need an I pad’ . Amusing to see kids buying a mobike, car, house, …all on such ‘sir everybody borrows to buy a house’ theory. Entitlement based on dad’s earnings is even funnier to watch.


4. Peer pressure:
Where you live, what you buy, where you eat out, what you do – all this is decided by colleagues, classmates, etc. who are actually chasing you. Funny situation is it not? No clue who is chasing whom – seem to be running in circles and wondering where have they reached!


5. Addictions can be expensive:
Shopping, tobacco, eating at fancy joints, buying expensive things, alcohol, travel – anything which becomes an obsession or addiction sucks money out of your system, and fast!


6. A victim of the media:
Today your entertainment has to be going to a mall, bowling, playing other games, movies or eating out. To imagine that reading a book, carrom, going for a walk, cycling around, etc – those which you can do together but does not cost money have been so beautifully killed as entertainment thoughts! Wow media, you have achieved your goals!

7. Self worth is completely dependent on what you have.
So all ‘show off ‘ assets HAVE to be branded. There is a whole gen out there which has been beautifully told that Brand = Value. Excellent for me as a shareholder of cos. where I am a shareholder…but it is hurting you like mad, wake up!

8. No plan:
No plan of expenditure, career, savings, retirement, …so it hardly matters.

9. No understanding of investment concepts
like start early, compounding, power of small numbers – leading to fatalistic statements like – what will I be able to do saving Rs. 4000 a month? or I will never be able to buy a house in Mumbai, so let me live it up!


10. One more loan won’t matter
I anyway have X amount of student debt, x amount of car debt, y amount of personal debt…so what if I added another small amount

SOURCE: http://in.finance.yahoo.com/photos/10-deadly-sins-that-keep-you-poor-1369026873-slideshow/10-deadly-sins-that-keep-you-poor-photo--1067594400.html

Why not? Its all about maturity, understanding and reasons behind the ending/termination of the relationship.
I am a living witness . I still chat, laugh and giggle with my Ex gal despite the fact that we had called it off!
One can end a genuine relationship without any of the parties being hurt.

CAMEROONPRIDE:

good luck bro .and don't let them put you down. Please you are not there to b tolerated you are a human being those who feel like not studying with an African should withdraw .period you ain't there to make concessions or you will b frustrated.


Ps: I was referring to Nlers(Nigerian) in general, good if you are not among such persons

Very well. Sure! I have always made it clear to them that Africans are not inferior to any other race on earth.

God bless you.

adaobi123: India

Wetin you find there ?

Benin Republic would have been better

Thank u Adaobi. I used to have same impression u have till I got here.
These people produce virtually everything they need. Go to our market and sample made in India products. How many of our own products are here? NONE! They command respect in the World Politics, they are very intelligent, their economy is working optimally. Despite their Over Population (one state is more than Nigeria as a whole), they are managing their middle class well. Does Nigeria have middle class?

Its not just about opening mouth and talking. My sister, tame your tongue. Keeping quiet, sometimes, will do u a whole lots of good. Think before you talk.

CAMEROONPRIDE: look down on them too, oganize yourselves , do everything together(between African), work hard and stop being thirsty(have some pride) by that i mean stop eyeing their females or trying to date them... always walk with a brother .Indians are dirty and smelly such people can't make you feel bad c'mon young man ...or you only know how to boast on a forum. kick their azz with your grades. carry yourself well. they will hate you but with respect.

U got it. Hatred is automatic once one keeps his/her head high. Thats exactly what annoys them about me. Some that have traveled out are more tolerant though...I have taken note of your USEFUL pieces of advice and appreciate you for those. I respect your opinion. Please, I do not and have not boasted on Forum or elsewhere. Let that impression be done away with.

Thanks