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In Abuja: Court to hear Shi’ites case challenging proscription on September 11

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.

“According to IMN, there was no urgency warranting the granting of the order ex parte.

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. (NAN)




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