JUST IN: Court to hear Shi’ites’ case challenging proscription on September 11
http://www.hrlnews.com/2019/08/just-in-court-to-hear-shiites-case.html
The Federal High Court, Abuja, on Wednesday, fixed September 11 to
hear a motion filed by the Islamic Movement in Nigeria, popularly called
Shi’ites, asking the court to vacate the ex parte order it gave on July
26 proscribing its activities in the country.
Justice Nkeonye Maha of Court adjourned the case after hearing the two counsels.
The Solicitor General of the Federation, Mr Ayo Apata, SAN, had applied for more time.
Counsel to the IMN, Mr Femi Falana, SAN, did not oppose the request either.
The court had, upon an ex-parte motion by the office of the Attorney
General of the Federation also declared the group a terrorist
organisation.
The IMN, in a notice of motion filed, on August 2, by its lawyer,
Femi Falana, SAN, particularly sought the court to vacate the “ex-parte
order made on July 26, in Suit No: FHC/ABJ/CS/876/2019 between: AGF vs.
IMN proscribing the existence and activities of the group in Nigeria under whatever
form, either in groups or as individuals by whatever names they are
called or referred to.”
The group also asked the court to set aside the order “restraining
any person or group of persons from participating in any manner
whatsoever in any form of activities involving or concerning the
prosecution of the collective intention or otherwise of the IMN, under
any other name or platform howsoever called or described in any part of
Nigeria.”
The IMN stated that the reasons for its requests include that “the
ex-parte order made on July 26, was made without jurisdiction, as the
order was made against a non-juristic body.
“This honourable court on July 26, pursuant to an ex parte
application brought by the IMN made an order, inter alia, proscribing
the existence and activities of the group in any part of Nigeria under
whatever form, either in groups or as individuals by whatever names they
are called or referred to without affording the Respondent/Applicant
the right of fair hearing.
“The said order of the honourable court breached the fundamental
right of all members of the IMN in Nigeria to fair hearing guaranteed by
Section 36 of the 1999 Constitution (as amended) and Article 7 of the
African Charter on Human and Peoples’ Rights (Ratification and
Enforcement) Act, Laws of the Federation, 2004 in that no fair hearing
was granted the applicant/respondent before the order was made.
“The order ex parte granted by this honourable court has violated the
fundamental right of members of the Respondent to freedom of thought,
conscience and religion guaranteed by Section 38 of the Constitution of
the Federal Republic of Nigeria, 1999 as amended.
“The order ex parte granted by this honourable court has breached the
fundamental right of the members of the respondent to freedom of
assembly and association guaranteed by Section of the Constitution of
the Federal Republic of Nigeria, 1999 as amended.
“The honourable court did not grant the declaration ‘that the
activities of the IMN in any part of Nigeria amounts(sic) to acts of
terrorism and illegality,”’ the group said.
According to IMN, there was no urgency warranting the granting of the order ex parte.
“No motion-on-notice was filed together with the motion ex-parte.
“The ex-parte order made by the honourable court has determined the
fundamental right of the respondent/applicant without affording it fair
hearing.
“No undertaking was made as to damages. The order ex-parte was
anchored on misrepresentation of material facts and based on suppression
of material facts.
“The order ex parte constitutes a gross abuse of the process of this honourable court,” the group stated.
The Federal Government had, July 29, published the order in its official gazette as directed by the court.
It was described in the gazette as ”Government Notice No. 79,” titled: ”Terrorism (Prevention) Proscription Order Notice, 2019.”
Particularly, pages B597 to 602 of the document spelt out details of
the enrolled order of the Federal High Court and the Federal
Government’s warning against participating in any of the activities of
IMN.
It reads, “Notice is hereby given that by the order of the Federal
High Court, Abuja, in suit No. FHC/ABJ/Cs/876/2019 dated July 26, 2019
as per the schedule to this notice, the activities of IMN in Nigeria are
declared to be terrorism and illegal in any part of Nigeria, as
proscribed, pursuant to Sections 1 and 2 of the Terrorism (Prevention)
Act 2011 (as amended).
”Consequently, the general public is hereby warned that any person or
group of persons participating in any manner whatsoever in any form of
activities involving or concerning the prosecution of the collective
intentions or otherwise of the said group will be violating the
provisions of the Terrorism (Prevention) Act 2011 (as amended) and
liable to prosecution”.