THE COURT of Appeal in Abuja has reaffirmed the proscription of the Indigenous People of Biafra (IPOB) as a terrorist organisation, solidifying a 2017 ruling by the Federal High Court that outlawed the group’s activities.
The Explainer gathered that a three-member panel of the appellate court, led by Justice Hamma Barka, unanimously upheld the decision, dismissing IPOB’s appeal as lacking merit. The court ruled that the Federal Government acted lawfully in proscribing the group, citing threats to national security and stability.
The Explainer recalled that the late Justice Abdul Abdu-Kafarati, former Chief Judge of the Federal High Court, first issued the proscription order against IPOB on 15 September 2017, following an ex-parte motion filed by the then Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, SAN.
In that ruling, Justice Kafarati declared IPOB’s activities illegal, particularly in the South-East and South-South regions, where the group had been actively pushing for secession. The judge also restrained “any person or group of persons from participating in any of the group’s activities” and directed the AGF to publish the proscription order in the official gazette and two national newspapers.
IPOB subsequently challenged the ruling, arguing that the Federal Government secured the order through misrepresentation of facts. However, on 22 January 2018, the Federal High Court dismissed IPOB’s motion, refusing to lift the proscription order. The group, through its lead counsel, Chukwuma-Machukwu Umeh, SAN, escalated the matter to the Court of Appeal, seeking to overturn the decision.
The Explainer noted that in its latest ruling, the Court of Appeal found no legal basis to overturn the proscription, holding that IPOB’s activities posed a direct threat to national security and the unity of Nigeria. The judges maintained that the Federal Government had the constitutional authority to ban any group whose actions endangered the peace and security of the country.
Justice Hamma Barka, delivering the lead judgement, dismissed all the issues raised by IPOB’s legal team, ruling that the Federal Government’s actions were justified under Nigerian law.
The Indigenous People of Biafra, founded by Nnamdi Kanu in 2012, has been at the forefront of a renewed push for an independent Biafran state. The Explainer notes that IPOB gained prominence following a series of mass protests, public demonstrations, and clashes with security agencies.
Security reports indicate that IPOB’s armed wing, the Eastern Security Network (ESN), has been linked to violent attacks in parts of the South-East. Data from Nigeria’s security agencies suggest that over 150 violent incidents attributed to IPOB and ESN were recorded between 2020 and 2023, leading to the deaths of hundreds of civilians, security personnel, and government officials.
The Global Terrorism Index (GTI) 2023, published by the Institute for Economics and Peace, initially ranked the Indigenous People of Biafra (IPOB) as the 10th deadliest terror group globally, attributing 40 attacks and 57 deaths to the group in 2022. However, the GTI later clarified its position, emphasizing the need to differentiate between IPOB’s peaceful activities and alleged involvement in violent incidents. The GTI acknowledged that while IPOB was proscribed as a terrorist group by the Nigerian government in 2017, the group has not claimed responsibility for the attacks attributed to it.
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In the same report, Nigeria was ranked as the eighth most terrorized country globally in 2022, a slight improvement from its sixth position in 2021. The report noted that terrorist activities in Nigeria had fallen to their lowest levels since 2011.
The Explainer noted that while security agencies have attributed attacks on police stations, government buildings, and electoral offices in the South-East to IPOB and its armed wing, the Eastern Security Network (ESN), IPOB has consistently denied responsibility for these incidents.
The Federal Government’s position has remained firm, with officials arguing that IPOB’s activities, including sit-at-home orders and armed resistance, amount to terrorism. On the international front, while Nigeria has officially designated IPOB as a terrorist organisation, countries such as the United Kingdom and the United States do not recognise the group under their respective terrorism laws.
