Emmanuel Thomas l Thursday, September 21, 2017
IKEJA, Lagos, Nigeria – The Attorney General of the Federation, AGF and Minister for Justice, Mr. Abubakar Malami has misfired in his approach in obtaining an order from a Federal High Court in Abuja, classifying Indigenous People of Biafra, IPOB a terror organisation and is likely to fail in appeal, former Solicitor General of Lagos, Mr. Lawal Pedro, SAN, has said.
The senior lawyer however said that the order was granted by a competent court and must be obeyed until it is set aside. He explained why, Malami will fail if IPOB challenges the judgement on appeal.
“In my view the decision and move by the AGF to employ the rule of law in dealing with the menance is proper and commendable instead of a mere fiat or proclamation by officials of government that the IPOB’s acts in the country amount to terrorism and proscribed the group
“However I observed that many things are wrong with the order and can easily be challenged so as to set aside. In the first place is IPOB a juristic person to be sued and for the court to exercise jurisdiction upon?
“Secondly this looks like a final order or judgement granted on a motion Ex-parte. This cannot be right in law. A different procedure should have been used to achieve the desired result
“Thirdly the order or judgement is in breach of the fundamental right of the named Respondent (assuming it is a juristic person) to fair hearing. It is therefore unconstitutional null and void
“Lastly the main reliefs are for declaratory order or judgement which should not be granted vide a motion either on notice or ex-parte.
“It is my advise that the AGF should review its strategy on the subject and may consider a proper and better legal team to advise and handle this important and sensitive case.
“Meanwhile I must state that the order or judgement was granted by a court of competent jurisdiction, it is valid, subsisting and must continue to be obeyed by all persons and authorities in Nigeria until it is set aside. Any infraction of any part of the order by any body should be visited with the full force of the law. ”
Lawal Pedro, SAN. FCIArb
Immediate past Solicitor General of Lagos State & Perm Sec Min of Justice.
