The Islamic Movement in Nigeria (IMN), popularly referred to as Shi’ite, has filed a suit for the Federal High Court sitting in Abuja to vacate the order proscribing it after declaring it as a terrorists group.
The order proscribing the group was made by the court on July 26 following an application to that effect by the Federal Government.
The application of the government was sequel to the violent protests by the Shi’ite over the continued detention of its leader, Ibrahim El-Zakzaky since 2015.
The protests had led to loss of lives.
In its notice of motion filed on Friday by its counsel, Mr. Femi Falana, the group sought the court to vacate the “ex-parte order made on July 26, coram: N.E. Maha, J, 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.”
Similarly, it 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.”
Arguing on the need for the court to vacate the order, the group said that “the ex-parte order made on July 26, was made without jurisdiction, as the order was made against a non juristic body.”
It stated further: “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 Shi’ite group argued further: “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 honorable court.”
