TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Late Abba Kyari signed memo proscribing IPOB – Group tells court

The Citizen by The Citizen
October 18 2022
in Latest News
A A
0
Appeal Court resumes FG, Rivers VAT case May 9

The Indigenous People of Biafra (IPOB) has told the Abuja division of the Court of Appeal that the memo written by the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) to President Muhammadu Buhari, which was relied upon by the Federal High Court to proscribe and declare it a terrorist organisation was signed by the late Chief of Staff to the President, Abba Kyari.

IPOB said the signing of the memo by Kyari contravened the clear provisions of the Terrorist Prevention Act, which provided that the approval be signed by the president.

“In fact, the decision to approve the proscription of a group or organisation as a terrorist body is one of discretion to be personally exercised by the President of the Federal Republic of Nigeria, which  was regrettably delegated to the Chief of Staff contrary to well established rule against sub-delegation…That the Office of Chief of Staff to the President is not one of the offices mentioned in S. 5 (1) (a) and (b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to which the President can delegate his powers and functions.”

Their submission is contained in the amended brief of argument filed in the appeal challenging the proscription and classification of the group as a terrorist organisation.

The Biafran nation agitation group further accused the Federal Government of discrimination by proscribing its activities and declaring it a terrorist group.

Specifically, the appeal marked CA/A/214/2018, and filed by the lead counsel to IPOB, Mr. Chukwuma-Machukwu Ume (SAN)  is querying the decision of the Abuja division of the Federal High Court, in suit No: FHC/ABJ/CS/871/2017, proscribing and declaring IPOB as a terrorist group.

It prayed the court not to “validate the unconstitutional behaviour of the respondent discriminatory act by applying for the declaration and proscription of the appellant and the President purportedly approving the same whereas their Fulani herdsmen (the 4th most deadly terrorist group in the world) who move freely with AK.47 murdering, killing indigenous people all over Nigeria and grabbing their lands were never condemned and or proscribed and whether there was even a valid approval by the President.”

The Federal Government, through the Attorney General of the Federation, had on September 20, 2017,  approached the Federal High Court via an exparte application brought pursuant to Section 2(1) of the Terrorism (prevention) Act 2013,  to declare and proscribe IPOB,  as a terrorist organisation among other reliefs.

Dissatisfied with the entire ruling of the trial court,  IPOB appealed to the Court of Appeal urging it to set aside the decision as well as the consequential orders made by the court.

In its amended grounds of appeal, IPOB said: “ The purported presidential approval as contained was simply a memo written by the Attorney General of the Federal to the President dated 15th September, 2017(Exhs. AGF 11a & 11b)(see pages 57 – 61 of the Records of Appeal) to President Muhammadu Buhari  and was curiously signed by Abba Kyari, the then Chief of Staff to the president, contrary to the unambiguous provisions of the Terrorism Act which specifically provided that the approval shall be signed by the President of the Federal Republic of Nigeria.

“Lords, a cursory look at the Memo of the Hon. Attorney General of the Federation dated 15thday of September 2017, addressed to President Muhammadu Buhari and the said presidential approval (EXHIBIT AGF IIA & IIB) (pages 57 – 61 of the Records of Appeal)which the trial judge relied on as constituting the mandatory president’s approval show that it was a mere memo from the Attorney General of the Federation to the President requesting for the said president’s approval as prescribed under Section 2 (1)(C) of the Terrorism Prevention (Amendment) Act, 2013, and not the mandatory president’s approval envisaged under the Act.

“We therefore submit that having not been signed by the President of the Federal Republic of Nigeria, there was no evidence of the presidential  approval before the trial court as required under Section 2 (1)(c) of the Terrorism Prevention (Amendment) Act, 2013.  More so, under Section 40 of the Terrorism Prevention Act, 2011, which deals with the interpretation of words or phrases, the word “President” as used in the Act, refers and only means ‘the President’. It is equally our further submission that the Constitution of the Federal Republic of Nigeria 1999 under Section 5 neither mentions nor contemplates any form of delegation to the Chief of Staff to the President as an officer to whom such crucial executive function of the president can be delegated to.”

Previous Post

Gov. Oyetola swears in new LG Chairmen

Next Post

Police officer kills colleague during argument

Related Posts

Economy: ₦1m salary worthless without stable Naira – NLC
Headlines

FG, NLC clash over minimum wage talks

October 16 2026
Presidential poll: Legal battle begins Monday as tribunal hears petitions
Latest News

2027: You can’t campaign through surrogates – Atiku, Obi tell Tinubu

October 16 2026
Tinubu appoints NECO, NBTE chairmen, names poly rector, renews library DG tenure
Headlines

Tinubu orders rescue of kidnap victims, safe 2027 polls

October 16 2026
Tinubu, Shettima’s absence: I’m not Acting President, says Akpabio
Headlines

Senate President rejects move to decriminalise attempted suicide

October 13 2026
NAF crash: Ondo community demands urgent cleanup following offensive stench, spill
Latest News

NAF crash: Ondo community demands urgent cleanup following offensive stench, spill

October 13 2026
FG mulls structures demolition for Lagos Coastal Highway service lanes, flood control
Financial Crimes

Court strikes out FG charges against fake PFIPC DG

October 13 2026
Next Post
Police officer kills colleague during argument

Police officer kills colleague during argument

NHRC establishes hate speech register for 2023 elections

NHRC establishes hate speech register for 2023 elections

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

APPOINTMENTS

CJN swears in 68 new SANs

CJN swears in 68 new SANs

by The Editor
October 12 2026
0

...

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

ODDITIES

Indian man assaults truck drivers in Lagos

Indian man assaults truck drivers in Lagos

by The Editor
October 13 2026
0

US engineer caught on camera poisoning colleague’s water bottle

US engineer caught on camera poisoning colleague’s water bottle

by The Editor
October 12 2026
0

Newly-wed pastor steps back from ministry after apologising over past affairs

Newly-wed pastor steps back from ministry after apologising over past affairs

by The Editor
October 6 2026
0

GLOBAL NEWS

Nigeria: Pope Leo XIV urges release of abductees from terrorists’ den

Pope Leo’s lung surgery successful — Vatican

by The Editor
October 13 2026
0

...

Child Soldiers: US threatens to cut military aid to Nigeria

Child Soldiers: US threatens to cut military aid to Nigeria

by The Editor
October 13 2026
0

...

Saudi Arabia threatens ‘serious response’ after Houthi airport attacks

Saudi Arabia threatens ‘serious response’ after Houthi airport attacks

by The Editor
October 13 2026
0

...

US releases fresh names, photos of 24 Nigerians on deportation list

US releases fresh names, photos of 24 Nigerians on deportation list

by The Editor
October 12 2026
0

...

US to livestream Fort Hood shooter’s execution

US to livestream Fort Hood shooter’s execution

by The Editor
October 9 2026
0

...

State of the States

Ogun pensioners demand gratuities, pension increases

Ogun pensioners demand gratuities, pension increases

by The Editor
October 9 2026
0

...

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

by The Editor
September 17 2026
0

...

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC shares N2.43tr among FG, states, LGs

October 16 2026
Refiners predict petrol price drop below N400/ltr

Marketers reject govt plan to cap petrol price

October 16 2026
Economy: ₦1m salary worthless without stable Naira – NLC

FG, NLC clash over minimum wage talks

October 16 2026
Netflix secures exclusive 2030 FIFA World Cup broadcast rights in Spain, Andorra

Netflix secures exclusive 2030 FIFA World Cup broadcast rights in Spain, Andorra

October 16 2026

EDITORIAL REVIEW

Tariff hike: Electricity workers lock out minister, issue 14-day ultimatum

Don’t involve civil servants in politics – Punch

by The Editor
October 16 2026
0

Kano, Sokoto, others spend N53.2bn on scholarships abroad

Kano, Borno spreading tyranny – Punch

by The Editor
October 13 2026
0

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

US Congress okays bill to cut foreign aid to Nigeria

Nigeria’s revolving-door budgeting – Punch

by The Editor
October 12 2026
0

Police, Oyo LG deny release of kidnap victims after Igboho’s ultimatum

Tinubu’s extended absence – Punch

by The Editor
October 8 2026
0

Opinion

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

...

As we celebrate the girl-child, let us not forget the boy-child

As we celebrate the girl-child, let us not forget the boy-child

by The Editor
October 12 2026
0

...

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.