• Home
  • Anti-Corruption
  • Fact-Check
  • Economy
  • National
    • Government
  • Security
  • Features
  • State
  • Event
    • PR Nigeria Award
  • E-Paper
Search
  • Home
  • About
  • Adverts
  • Contact
Sign in
Welcome! Log into your account
Forgot your password? Get help
Password recovery
Recover your password
A password will be e-mailed to you.
PRNIGERIA PRNigeria News
PRNIGERIA PRNIGERIA
  • Home
  • Anti-Corruption
    • ICPC Secures Conviction of Rector for Running Unaccredited Degree Programmes

      Engr Abba Babagana Dalori

      Engr Dalori Forfeits Galaxy Hospital, Petrol Station, Properties & Cash

      Chinese nationals jailed in Lagos

      Court Jails Nine Chinese Nationals for Cybercrime in Lagos

      ASUU

      Tackle Corruption, Institutional Decay – ASUU Charges FG

      EFCC Arraigns Bauchi Accountant General Over N8bn Fraud as Court Sentences…

  • Fact-Check
  • Economy
    • PRNigeria Fellows and CEO IMPR Yushau A Shuaib

      PRNigeria Fellowship: A Model for NIPSS Kuru

      Africa’s Economic Ties Deepen as Nigeria, Benin Sign Joint Trade Plan

      Customs Partners US Mission to Prevent Expanded Visa Ban

      Nigeria Customs Partners China on Smarter Ports, Officer Training, Reforms

      Comptroller General Nigerian Customs Bashir Adewale

      Customs Moves Against 223 Importers in N379bn Permit Breach

  • National
    • NAF Evacuation Helicopter

      NAF Airstrikes Kill Dozens of Bandits in Zamfara; Monarch Abducted in…

      Third-Estate

      Third-Estate, Ilorin Group Petition FCCPC Over Exploitative Fares by Overland Airways

      Group Chief Executive Officer (GCEO), Bayo Ojulari

      Let Bashir Ojulari Drive NNPC Reforms By Abdullahi Mohammed

      Nigerian Teen Nafisa Aminu

      After Pantami’s Call for Rewards, President Tinubu congratulates Nigerian teens for…

      Troops Arrest Terrorist Collaborator Smuggling Fuel in Drink Bottles to Boko…

    • Government
      • Group Chief Executive Officer (GCEO), Bayo Ojulari

        Let Bashir Ojulari Drive NNPC Reforms By Abdullahi Mohammed

        Nigerian Teen Nafisa Aminu

        After Pantami’s Call for Rewards, President Tinubu congratulates Nigerian teens for…

        Secretary to the State Government, Alhaji Umar Farouk Ibrahim presenting the report to Kano State Governor Alhaji Abba Kabir Yusuf

        Kano Governor Receives Report on Commissioner’s Role in Bail Controversy

        Nigerian Teen Nafisa Aminu

        Pantami Urges Presidential Rewards for Nigerian Teen, Nafisa Aminu Who Topped…

        Secretary State Government Alhaji Umar Farouk Ibrahim receives report on Commissioner alleged role in drug baron bail

        Kano Govt Receives Report on Commissioner’s Alleged Role in Drug Baron’s…

  • Security
    • NAF Evacuation Helicopter

      NAF Airstrikes Kill Dozens of Bandits in Zamfara; Monarch Abducted in…

      Military Troops in Action

      Troops Rescue 7 Abducted Victims in Taraba After Fierce Gun Battle

      IGP Commissions Over 300 Housing Units, New Police Facilities in Kano

      a delegation from the Defence Headquarters’ Review Committee visited the headquarters of the 1 Division Nigerian Army in Kaduna,

      DHQ Moves to Update Joint Doctrine as GOC Hosts Review Team

      Customs Seizes Fake Drugs, Hands Over to NAFDAC in Port Harcourt

  • Features
    • Group Chief Executive Officer (GCEO), Bayo Ojulari

      Let Bashir Ojulari Drive NNPC Reforms By Abdullahi Mohammed

      Tinubu, Atiku and Peter Obi

      Atiku, Obi and the ‘Confused Marriage’ Called ADC

      Kwankwaso, Northern Nigeria and the Politics of Marginalisation

      Kemi Badenoch

      Kemi Oomoale Badenough: A Liar By no Other Name by Chief…

      DSS, NNPCL and EFCC

      NNPCL Controversy: Arewa Economic Forum Raises Alarm as EFCC, DSS Refute…

  • State
    • Third-Estate

      Third-Estate, Ilorin Group Petition FCCPC Over Exploitative Fares by Overland Airways

      IGP Commissions Over 300 Housing Units, New Police Facilities in Kano

      Customs Seizes Fake Drugs, Hands Over to NAFDAC in Port Harcourt

      Secretary to the State Government, Alhaji Umar Farouk Ibrahim presenting the report to Kano State Governor Alhaji Abba Kabir Yusuf

      Kano Governor Receives Report on Commissioner’s Role in Bail Controversy

      Wasiu Akinwande AKA Olori Eso

      Police Arraign Notorious Lagos Assassin, Wasiu Akinwande on 11-Count Murder Charge

  • Event
    • Nigerian Teen Nafisa Aminu

      Pantami Urges Presidential Rewards for Nigerian Teen, Nafisa Aminu Who Topped…

      NIPR President Ike Neliaku and Customs Boss Bashir Adewale Adeniyi

      NIPR Lauds Customs’ Reputation Reforms, Announces Annual PR Officer Award

      Prof Pate donates laptops to UNIMAID

      Prof Pate donates 20 Laptop Computers to UNIMAID

      D'Tigress Basketball team

      Will Presidential Gifts Follow as Nigerian Female Basketballers D’Tigress Reach 5th…

      The Paramount Ruler of Oka-Akoko, His Imperial Majesty Oba (Dr) Yusuf Adebori Adeleye, OON, the Olubaka of Oka

      Olubaka of Oka Praises Foundation for “Best Oka Day” Festival

    • PR Nigeria Award
  • E-Paper
Home Features Kanu, Separatism and the Law in Nigeria By Teslim Oyetunji
  • Features

Kanu, Separatism and the Law in Nigeria By Teslim Oyetunji

By
Teslim Oyetunji
-
August 7, 2021
Nnamdi Kanu of IPOB arrested by Nigerian security services
Nnamdi Kanu of IPOB arrested by Nigerian security services

Kanu, Separatism and the Law in Nigeria
By Teslim Oyetunji

Read Also:

  • NAF Airstrikes Kill Dozens of Bandits in Zamfara; Monarch Abducted in Retaliation
  • Third-Estate, Ilorin Group Petition FCCPC Over Exploitative Fares by Overland Airways
  • Troops Rescue 7 Abducted Victims in Taraba After Fierce Gun Battle

The call for secession in Nigeria did not begin today. Afterall the northern part of Nigeria had actually considered peaceful secession from the “yet to be independent” union in 1953. In 1967, the disaffected eastern region attempted a bloody breakaway led by then Col. Odumegwu Ojukwu, it ended in the death of three million Igbos, mostly women and children. Although the Civil War ended in 1967, it didn’t end the yearning of the Igbos for an independent state.
The call for secession in Nigeria today is championed mainly by two agitators namely; Nnamdi Kanu and Sunday Igboho both of whom are from the southern part of the country. As the call for secession in the southern part of the country gather more steam, it seems sensible to clarify some legal and constitutional misconceptions on the subject.
For example, there has been several calls for referendum to enable a peaceful breakaway of the south perhaps emanating from a conscious need to avoid a repeat of 1967. This has been a heated subject of national discourse. But what is the position of the extant laws in Nigeria on the subject?
The Nigerian federalism is modelled after the U.S. system; hence, the union remains indivisible and indissoluble without a proper constitutional amendment. See. The preamble of CFRN,1999, as amended.
This simply means that no part of the union is allowed to breakaway by referendum. The United States faced a similar test to its union in 1861. After decades of simmering tensions between the north and south, 11 southern states declared secession and banded together to form the Confederate States of America. They were pulled back by Washington at the cost of 618,222 lives. In a federalism like Nigeria and the U.S. where the union is held to be indivisible and indissoluble, it is a given to assume that any attempt by any of the federating units to forcefully breakaway will very likely lead to violence and bloodbath.
The recent incendiary rhetoric of some agitators and their violent activities have already posed an existential threat to the unity of the country. Notable amongst these groups is the notorious Movement for the Indigenous People of Biafra known as “IPOB” founded by its renegade leader Mazi Nnamdi Kanu in 2014.
Kanu began his agitation in 2009 after setting up Radio Biafra. He set up IBOP in 2014 and quickly transformed from a benign Radio Presenter to the fully-fledged leader of a well-armed separatist group whose militia network is now well known for carrying-out attacks on Police Stations and uniform men. An article posted online on the “allAfrica” news website titled ‘Nigeria: IPOB Killed 128 Military, Police Personnel-Army’ dated 8th June, 2021 reported that IBOP has been responsible for the death of 128 military and Police Personnel, as well as 15 Civil Defense Officers, and 31 community policing members deployed within the south-east axis. Owing to these targeted attacks at security forces and Kanu’s increasingly subversive comments calling on members of his group to continue attacking the Nigerian State, the Nigerian government recently proscribed IPOB and blacklisted it as terrorist organization. But is it?
The Federal High Court of Nigeria (Abuja) pursuant to a motion exparte dated the 20th day of September, 2017 in Suit between the Attorney General of the Federal Republic of Nigeria Vs. The Indigenous People of Biafra in suit no. FHC/ABJ/C/81/2017 declared IPOB to be an unlawful organization. The proscription order was subsequently gazetted on the same 20th day of September, 2017.
Although the 1999 constitution of Nigeria guarantees and protects the right of all persons to form and participate in assemblies for the promotion of personal, group or collective interest, the said right isn’t absolute. Such assemblies as are allowed must be peaceful in their constitution and purpose. Thus, secret societies, separatist groups with violent agenda do not enjoy protection of the law. Quite the contrary, the state has an obligation to identify, expose, label and proscribe them as was the case with IPOB.
By openly declaring war on the Nigerian State and the issuance of death threats to high-profile political figures including the former president of Nigeria, General Olusegun Obasanjo (see. Article published online on the 7th of July, 2017 titled; ‘Nnamdi Kanu threatens to kill Obasanjo and household’ written by Lanre Babalola) IPOB has seriously diminished any credible claim to being a peaceful and lawful organization.

The definition of terrorism under the Nigerian Terrorism (PREVENTION) (AMENDMENT) Act, 2013 has substantially the same elements as that found in several international legal instruments, to wit; the unlawful use of violence or threat to intimidate or coerce a civilian population or government with the goal of furthering political, social or ideological objectives. ESN, the militia wing of IPOB has carried out several brazen raids on government target resulting in the death of security forces. For example, a 17-year-old Elom Daniel who was one the 59 suspected ESN members paraded by the police in May 2021, was said to have confessed to carrying out similar attacks for the group. See an article titled “Suspected ESN members admit attack on police formation in Ebonyi” published online on the 22 June 22,2021 at 4:12am.
Terrorism can in some cases also dovetail into the high crime of treasonable felony if the unlawful use of violence for political means combines with a call for an unlawful change of government through violent means. This is because the first responsibility of any state is the maintenance of law and order. In an article published on the website of daily post on the 29th of Sept. 2017 by one Segun Opejobi, Kanu was quoted as saying; “Nigeria should prepare for war, we are coming to annihilate you, my secret service is already studying the zoo and strategizing”. Statements like these are potentially treasonable especially if there is evidence that they have been acted upon by those to whom they are directed.
Treasonable-felony like terrorism is a legal offence devoid of any moral excuse or justification. It falls under the category of laws known as “Malum prohibitum” which means; conducts that constitute an unlawful act only by virtue of statute. Thus, in considering whether an act is treasonable or terrorist, moral justifications or reasons are not taken into consideration, once the elements of subversion or inciting terror for political, or ideological gains is proved, that is all that is needed.
Although the case of Nnamdi Kanu is still ongoing at the Federal High Court and the rule of “Sub Judice” forbids comments on the substance of the case, but one thing is clear from the available evidence in the public domain some of which are attributable to Kanu’s reckless statements and videos, there appears to be sufficient prima facie evidence to put him on trial on the charges currently brought against him.

Teslim Oyetunji is a Kaduna based legal practitioner

VISIT OUR OTHER WEBSITES
PRNigeria.com EconomicConfidential.com PRNigeria.com/Hausa/
EmergencyDigest.com PoliticsDigest.ng TechDigest.ng
HealthDigest.ng SpokesPersonsdigest.com TeensDigest.ng
ArewaAgenda.com Hausa.ArewaAgenda.com YAShuaib.com
  • TAGS
  • Nnamdi Kanu
  • Sunday Igboho
  • Teslim Oyetunji
Previous articleAfter PRNigeria Report, Chibok Girl with her Children Reunite with Family
Next articleCP Babaji Sunday Takes Over as FCT Commissioner of Police
Teslim Oyetunji
Teslim Oyetunji
https://prnigeria.com
PRNigeria is the pioneer Press Release Distribution agency in Nigeria. A member of image Merchant Promotions limited, PRNigeria encourages individuals and organisations to be more transparent in their information management. with dedicated Editorial staffs, the PRNigeria ensures that information provided on its platforms are timely, factual and authoritative Read more at: //prnigeria.com/about/
Facebook Twitter

RELATED ARTICLESMORE FROM AUTHOR

Group Chief Executive Officer (GCEO), Bayo Ojulari

Let Bashir Ojulari Drive NNPC Reforms By Abdullahi Mohammed

Tinubu, Atiku and Peter Obi

Atiku, Obi and the ‘Confused Marriage’ Called ADC

Kwankwaso, Northern Nigeria and the Politics of Marginalisation

Kemi Badenoch

Kemi Oomoale Badenough: A Liar By no Other Name by Chief Femi Fani-Kayode

DSS, NNPCL and EFCC

NNPCL Controversy: Arewa Economic Forum Raises Alarm as EFCC, DSS Refute Claims

Tinubu’s Greek gift by Festus Adedayo

CG Customs Bashir Adewale Adeniyi

Customs Just Wrote Nigeria’s Energy Rulebook

Okello Oculi

Okello Oculi: A Pan-Africanist Asteroid Burns out Forever By Is’haq Modibbo Kawu

Leon Usigbe

Death, you can’t be Proud of this By Abdulrahman Abdulraheem 

Tinubu’s Plateau Gambit – Yilwatda, 2027, and the Return of the Machiavellian Strategist By Abdullahi O Haruna Haruspice

Ozumi and a recipient of a wheelchair

Wheels of Hope: How a Simple Gift is Reshaping Lives at Sa’adatu Rimi University By Ozumi Abdul

Late Ex-President Muhammadu Buhari and Mansur Liman

“Buhari: A Blunt, Honest Leader Who Laughed at His Own Predicament”

Recent Posts

  • NAF Airstrikes Kill Dozens of Bandits in Zamfara; Monarch Abducted in Retaliation
  • Third-Estate, Ilorin Group Petition FCCPC Over Exploitative Fares by Overland Airways
  • Troops Rescue 7 Abducted Victims in Taraba After Fierce Gun Battle
  • IGP Commissions Over 300 Housing Units, New Police Facilities in Kano
  • Let Bashir Ojulari Drive NNPC Reforms By Abdullahi Mohammed
  • Home
  • About
  • Adverts
  • Contact
© 2020 PRNigeria. All Rights Reserved.
Latest News
NAF Airstrikes Kill Dozens of Bandits in Zamfara; Monarch Abducted in RetaliationThird-Estate, Ilorin Group Petition FCCPC Over Exploitative Fares by Overland AirwaysTroops Rescue 7 Abducted Victims in Taraba After Fierce Gun BattleIGP Commissions Over 300 Housing Units, New Police Facilities in KanoLet Bashir Ojulari Drive NNPC Reforms By Abdullahi MohammedAfter Pantami's Call for Rewards, President Tinubu congratulates Nigerian teens for Winning Global English CompetitionDHQ Moves to Update Joint Doctrine as GOC Hosts Review TeamCustoms Seizes Fake Drugs, Hands Over to NAFDAC in Port HarcourtTroops Arrest Terrorist Collaborator Smuggling Fuel in Drink Bottles to Boko Haram in MaiduguriKano Governor Receives Report on Commissioner’s Role in Bail ControversyPolice Arraign Notorious Lagos Assassin, Wasiu Akinwande on 11-Count Murder ChargeIGP Egbetokun Honours Police Officers of the Year, Holds Talks on Improved Retirement BenefitsPantami Urges Presidential Rewards for Nigerian Teen, Nafisa Aminu Who Topped Global English CompetitionNIPR Lauds Customs’ Reputation Reforms, Announces Annual PR Officer AwardCustoms Unveils Reputation Handbook to Guide Officers’ Conduct, Rebrand Agency
X whatsapp