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Breaking: IMN Drags FG To Court, Alleges Breach Of Fair Hearing

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The Islamic Movement of Nigeria, IMN, on Friday, approached the Abuja Division of the Federal High Court, asking it to set-aside the exparte order it granted for the Federal Government to proscribe it as a terrorist organization.

Cross section of Members of Shiite Islamic Movement of Nigeria (IMN), {knows as El-Zakzaky], South-west zone, protesting over the detention of their leader at the home of National Leader of All Progressive Congress [APC], Asiwaju Bola Tinubu, in Ikoyi, Lagos, Wednesday. Photo: Bunmi Azeez

The IMN otherwise known as the Shi’ite sect, in the suit it filed through its lead counsel and human rights activist, Mr. Femi Falana, SAN, insisted that the order FG obtained against it on July 26, was illegal, unconstitutional and an abuse of the judicial procedure.

It would be recalled that Justice Evelyn Maha of the High Court had on the strength of an application that was filed with the office of the Attorney General of the Federation, declared activities of the IMN in any part of Nigeria illegal, branding operations of the group as “acts of terrorism and illegality.”

The court restrained any person or group of persons from participating in any form of activities involving or concerning the group “under any name or platform”, in Nigeria.

It directed the Attorney-General of the Federation who was represented by the Solicitor General of the Federation, Mr. Dayo Apata, to gazette the proscription order, a directive FG had since complied with.

However, in the suit marked FHC/ABJ/CS/876/2019, the IMN, contended that Justice Maha who is sitting as the vacation judge, made the orders without jurisdiction, saying it was made against “a non juristic body”.

In the suit it predicated on Order 26 Rules 6(1), 9 and 10 of the Federal High Court Rules 2019, section 6(6) (1) (4), sections 36, 39 and 40 of the 1999 Constitution, as amended, the IMN, said it was denied fair hearing by the court.

It maintained that the proscription order was “anchored on misrepresentation of material facts and based on suppression of material facts”, by the government.
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