The Court of Appeal in Abuja has reserved its judgment on the Indigenous People of Biafra’s, IPOB, appeal against the Federal Government’s designation of the group as a terrorist organization.

The three-member panel, led by Justice Hamma Barka, adjourned the case after both IPOB and the Federal Government presented their final arguments.

The Federal Government’s legal representative, Oyilade Koleosho from the Ministry of Justice, appeared for the government, while IPOB was represented by a team led by Senior Advocate of Nigeria, Chukwuma-Machukwu Umeh. Nnamdi Kanu, the detained leader of IPOB, had previously sought to join the appeal as an interested party.

IPOB is urging the appellate court to overturn the ruling made by the late Chief Judge of the Federal High Court, Justice Abdul Abdu-Kafarati, on September 15, 2017, which outlawed its activities based on an ex-parte motion filed by the former Attorney General of the Federation, Abubakar Malami. This ruling deemed all of IPOB’s actions illegal, particularly in the South-East and South-South regions, and instructed the AGF to publish the proscription order in the official gazette and two national newspapers.

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In January 2018, the court dismissed IPOB’s motion challenging the legal validity of the proscription order, asserting that the group posed a national security threat. IPOB contended that the government misrepresented facts and argued that the order effectively branded over 30 million Igbo Nigerians as terrorists.

In its appeal, IPOB claims that the lower court erred by ruling that the necessary approval from President Muhammadu Buhari, as required under Section 2 (1) (C) of the Terrorism (Prevention) (Amendment) Act, was obtained based on a memo issued by the AGF. IPOB argued that the court failed to consider evidence demonstrating that it is not a violent organization and that its activities do not meet the legal definition of terrorism.

IPOB’s submission emphasized that its members engage in peaceful demonstrations, using placards and singing, as a means of exercising their constitutional right to self-determination. The organization also drew comparisons between its actions and those of violent groups, such as Fulani herdsmen, which have not been labeled as terrorist organizations.

As the court prepares to finalize its ruling, IPOB’s legal team asserts that the group has been denied a fair hearing and has called for the appeal to be upheld, while the government’s counsel urged the court to dismiss the appeal entirely. The Appeal Court will notify both parties of the judgment date.

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