OPINION: The Unconstitutionality Of The Court Order Proscribing IPOB

It is no longer news that the federal government, has obtained an Order of Court proscribing IPOB as a terrorist group in accordance with section 2 of the Terrorism (Prevention) Act 2011. The said Order was given by Hon. Justice Abdu Kafarati. However, it is my considered opinion that the said Order is unconstitutional, void and of no effect. I will try to keep it plain and simple.

Section-40 of the Constitution is clear: every person has a right to assemble freely and to form or belong to any association of his choice for the protection of his interests.

Section-36(1) provides that every person shall be entitled to FAIR HEARING in the determination of his rights and obligations. I am not unaware that a law may give government authority to  determine questions arising from the administration of law. However, any law which gives the government such power, MUST provide for an opportunity for the people whose rights may be affected, to be heard per  Section 36 (2) of the Constitution.

Consequently, any law that gives a Judge power to proscribe a group, without giving the group members (whose right to association will be affected), an opportunity to be heard (FAIR HEARING), is not only unconstitutional, but unjust and dangerous.  Hence, Section-2 of the Terrorism (Prevention) Act, which empowers a Judge to proscribe a group, is void for being inconsistent with the Constitution, to the extent that it does not give members of the group, opportunity of fair hearing. Thus, if the said law upon which the Order was given is unconstitutional and void, the said Order also becomes void and of no effect because you cannot put something on nothing and expect it to stand.

The right to fair hearing is sacrosanct, it is the basic reason for which the judiciary was established, it is the first chapter in the book of justice. No court can determine an issue affecting a person's right without at least, giving the person a chance to be heard. Such judicial determination has no place under our Constitution."