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

APC waives primaries screening for Tinubu
Latest News

Tinubu wins APC presidential primary with 10.9m votes

May 24 2026
Kidnappings: Oyo suspends field trips, excursions as family buries slain teacher
Governance

Kidnappings: Oyo suspends field trips, excursions as family buries slain teacher

May 22 2026
Terrorists responsible for Oyo kidnapping, says DHQ
Headlines

Police deny rescue of abducted Oyo students, teachers

May 22 2026
Tinubu denies Christian, Muslim genocide in Nigeria
Headlines

Pres. Tinubu denies plans to rename Nigeria, abolish Sharia law

May 22 2026
BBC to air groundbreaking documentary on Biafran War
Latest News

BBC to air groundbreaking documentary on Biafran War

May 22 2026
APC imposes two-week deadline for presidential, guber, NASS forms
Latest News

APC unveils 25 guber candidates as Kwara, Bauchi primaries suffer delay

May 22 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

Alaafin urges FG to strengthen native intelligence after Oyo school attacks

Alaafin urges FG to strengthen native intelligence after Oyo school attacks

by The Editor
May 17 2026
0

...

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

by The Editor
May 12 2026
0

...

Ebonyi State lifts 3-month curfew after bloody boundary crisis

Ebonyi State lifts 3-month curfew after bloody boundary crisis

by The Editor
May 5 2026
0

...

Ondo community begs Gov. Aiyedatiwa to intervene in regent appointment crisis

Ondo community begs Gov. Aiyedatiwa to intervene in regent appointment crisis

by The Editor
April 30 2026
0

...

APPOINTMENTS

Elumelu joins Seplat board after $496m share acquisition

Elumelu joins Seplat board after $496m share acquisition

by The Editor
May 21 2026
0

...

Tinubu appoints 39-year-old Prof as new JAMB registrar

Tinubu appoints 39-year-old Prof as new JAMB registrar

by The Editor
May 21 2026
0

...

Soludo reshuffles power structure, swears in 18 Commissioners

Soludo reshuffles power structure, swears in 18 Commissioners

by The Editor
May 18 2026
0

...

Tinubu creates Homeland Security adviser role, appoints ex-army general

Tinubu creates Homeland Security adviser role, appoints ex-army general

by The Editor
May 11 2026
0

...

ODDITIES

Hoodlums kill Imo nursing student

Hoodlums kill Imo nursing student

by The Editor
May 22 2026
0

Police arrest officer for threating to kill anyone recording him on duty

Police arrest officer for threating to kill anyone recording him on duty

by The Editor
May 21 2026
0

Hoodlums rape Lagos sexagenarian to death

Hoodlums rape Lagos sexagenarian to death

by The Editor
May 18 2026
0

GLOBAL NEWS

Sierra Leone welcomes first US deportation flight under Trump crackdown

Sierra Leone welcomes first US deportation flight under Trump crackdown

by The Editor
May 22 2026
0

...

Tinubu to launch AU combined maritime task force for Gulf of Guinea

Tinubu to launch AU combined maritime task force for Gulf of Guinea

by The Editor
May 21 2026
0

...

WHO declares global health emergency over Ebola outbreak in Congo, Uganda

WHO declares global health emergency over Ebola outbreak in Congo, Uganda

by The Editor
May 18 2026
0

...

Trump to visit China for high-stakes talks with Xi Jinping

Trump to visit China for high-stakes talks with Xi Jinping

by The Editor
May 12 2026
0

...

Macron in fresh push to rebuild France-Africa partnership

Macron in fresh push to rebuild France-Africa partnership

by The Editor
May 12 2026
0

...

State of the States

Benue governor secures return ticket

Benue governor secures return ticket

by The Editor
May 22 2026
0

...

Lagos restricts access to magistrate courts, denies ban on sureties

Lagos restricts access to magistrate courts, denies ban on sureties

by The Editor
May 22 2026
0

...

Kano closes schools for Eid-el-Kabir

Kano closes schools for Eid-el-Kabir

by The Editor
May 20 2026
0

...

Insecurity: I can end banditry in two months, says Zamfara governor

Zamfara approves pension, salary review for retirees

by The Editor
May 18 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
APC waives primaries screening for Tinubu

Tinubu wins APC presidential primary with 10.9m votes

May 24 2026
Deputy speaker, 15 other Niger Assembly lawmakers fail to secure APC return tickets

Deputy speaker, 15 other Niger Assembly lawmakers fail to secure APC return tickets

May 22 2026
Kidnappings: Oyo suspends field trips, excursions as family buries slain teacher

Kidnappings: Oyo suspends field trips, excursions as family buries slain teacher

May 22 2026
Terrorists responsible for Oyo kidnapping, says DHQ

Police deny rescue of abducted Oyo students, teachers

May 22 2026

EDITORIAL REVIEW

Hepatitis: Rescuing Nigerians from needless deaths – Punch

Hepatitis: Rescuing Nigerians from needless deaths – Punch

by The Editor
May 22 2026
0

Mass failure: JAMB, VCs to review UTME results Thursday

UTME reforms, admissions waivers – Punch

by The Editor
May 20 2026
0

In 2027 elections, voter apathy looms large – Punch

In 2027 elections, voter apathy looms large – Punch

by The Editor
May 18 2026
0

Oyo school attacks: A call to action for South West governors – Punch

Oyo school attacks: A call to action for South West governors – Punch

by The Editor
May 17 2026
0

Urgent measures needed against hantavirus – Punch

Urgent measures needed against hantavirus – Punch

by The Editor
May 10 2026
0

Opinion

School attacks and the death of ethics

School attacks and the death of ethics

by The Editor
May 22 2026
0

...

The dangers of a one-party state

The dangers of a one-party state

by The Editor
May 5 2026
0

...

Dear Senator Tinubu, Buhari has thrashed us all!

NBC’s real struggle

by The Editor
April 30 2026
0

...

Even INEC admonishes the media?

Even INEC admonishes the media?

by The Editor
April 12 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.