Following the proscription of IPOB as a terrorist organization by an order of the Court, many legal minds have argued the proprietary or otherwise of the proscription on points of Law.
One of which is the argument put forward by Ebun-olu Adegboruwa, Esq arguing that the proscription is not valid in Law giving various reasons.
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Mr. Okoi Obono-Obla, and Chairman Special Presidential Panel for the Recovery of Public Property, contrary however to the arguments of Ebun-olu Adegboruwa, Esq., supports the order of the court on its declaration IPOB is a terrorist organization.
Mr. Okoi Obono’s argument which was made available to TheNigerialawyer contained various provisions of the Law showing why he believes in the constitutionality and legality of the proscription.
Citing various provisions of the Law, he argued that the Wordings of the Terrorism Prevention Act does not contemplate the registration of an Organization for it to be eligible for proscription as such standard is only tenable under the Civil procedure and not the Criminal procedure whilst also giving exception to the argument of freedom of Association and the fact that IPOB remains an unlawful association.
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In response to Okoi Obono-Obla, Mr. Ebun-olu Adegboruwa, Esq., gave reasons why he won’t align himself with the argument of his learned brother.
According to him he failed to see what caused Mr. Obono’s professed amusement in his post and legal opinion on the court order proscribing IPOB.
Arguing further he stated that Mr. Obono never referred himself and others as well to any section of the Administration of Criminal Justice Act 2015 which permits the use of criminal procedure to activate the Terrorism (Prevention) Act and also that he has no doubt in his mind that the suit filed and argued by the Hon Attorney-General of the Federation, is a civil suit, which is clearly indicated by its designation, as Suit No.FHC/CS/871/2017.
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In his words:
”The CS in this suit number means CIVIL SUIT. You may approach the Federal High registry for a kind confirmation of this sir.
I therefore expect that you would do well to address the legal issues that I’ve raised sir. The purported registration of IPOB in USA or Britain does not make it a competent defendant in the absence of its incorporated trustees.”
Mr. Ebun-olu Adegboruwa, Esq therefore maintained his stand that the order is a nullity and it is unenforceable in law. According to him, he is glad to be reading well researched opinions of fellow learned friends who have also raised other substantive arguments to the effect that the order is a nullity, and as such confidentabout his position on the matter.
Mr. Ebun-olu Adegboruwa, Esq however thanked his learned brother for a fine argument so far whilst waiting for any response that may come thereafter.
READ ALSO : BREAKING: Buhari Signs Presidential Proclamation Proscribing IPOB As Terror Group
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