The leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, has won a landmark case against the Federal Government and the South East Governors at the High Court of Enugu State. The court, presided over by Justice A. O Onovo, ordered the respondents to pay Kanu N8 billion as damages for infringing his fundamental rights and to apologize to him in three national dailies. The court also declared the proscription and designation of IPOB as a terrorist organization by the respondents as unconstitutional and illegal.
The ruling was delivered on Thursday, October 26, 2023, following a suit filed by the IPOB legal team led by Aloy Ejimakor in January 2023. The suit challenged the 2017 executive actions of the respondents that led to the banning of IPOB and its listing as a terror group in contravention of Section 42 of the Constitution, which prohibits discrimination based on ethnicity.
Justice Onovo, in his judgment that lasted for over three hours, held that self-determination is not a crime and cannot be used as a basis to arrest, detain and prosecute Kanu, who is a member and leader of IPOB. He further held that IPOB, being comprised of citizens of Nigeria of the Igbo and other Eastern Nigerian ethnic groups, professing the political opinion of self-determination, has the right to do so without being subjected to any disabilities or restrictions by the respondents.
The court granted the following reliefs sought by the applicant:
- A declaration that the practical application of the Terrorism Prevention Act and the executive or administrative action of the respondents which directly led to the proscription of IPOB and its listing as a terrorist group is unconstitutional.
- A declaration that IPOB has the right to self-determination as enshrined under Articles 2,3,19 &20 of the African Charter on Human and People’s Rights (Enforcement and Ratification) Act.
- An order directing the respondents to issue official letters of apology to Kanu for the infringement of his fundamental rights and to publish them in three national dailies
- An order directing the respondents to pay Kanu N8 billion as monetary damages for the physical, mental, emotional, psychological, property, and other damages suffered by him as a result of the infringements of his fundamental rights by the respondents.
The court also awarded N500,000 as costs against the respondents.
Ejimakor, who spoke to reporters after the judgment, hailed it as a victory for justice and human rights. He said that he would ensure that the judgment is enforced and that Kanu receives his due compensation and apology. He also called on the Federal Government and the South East Governors to respect the court’s decision and refrain from further actions that would violate IPOB’s rights.
Kanu, who is currently in exile after fleeing Nigeria in 2017 following a military invasion of his home in Umuahia, Abia State, has not yet reacted to the judgment. He is facing charges of treasonable felony, terrorism, and unlawful possession of firearms at a Federal High Court in Abuja. He has repeatedly denied the charges and accused the Nigerian government of persecuting him and his group for demanding self-determination for Biafra.