By Abdulmumin Giwa
The Islamic Movement in Nigeria has filed a motion to challenge the proscription of the Islamic Movement in Nigeria by the Federal Government. In the suit, filed by Falana & Falana Chambers, members of the Movement is challenging an order of the court declaring the Movement as a terror group and urging the Federal Government to issue a gazette proscribing the Islamic Movement.
The suit was supported by a 37-paragraph affidavit sworn to by their lawyer, Mr Haruna Magashi, on Friday at the Federal High Court in Abuja. The Movement asked the court to set aside the ex-parte order made on July 26t proscribing Islamic Movement as a terrorist organisation.
They also want the court to set aside the order restraining any of their members from participating in the activities of the Movement. The suit was predicated on four grounds, one of which the Movement said the order was made without jurisdiction as it was made against a non-jurist body.
The Islamic Movement also averred that the order was made without giving the respondent (that is the Islamic Movement in Nigeria) a right to a fair hearing.
According to it, the order is a breach of the fundamental rights of all members of the Islamic Movement to a fair hearing and freedom of association.
The Islamic Movement also stated that the affidavits in support of the exparte upon which the order was made was totally erroneous and it has misled the court because the cases cited were indeed ruled in favour of the members of the Islamic Movement, and that no incident of any terror attack has ever been attributed to the Islamic Movement.
They, therefore, want to the court to set aside the order. However, no date or judge has been assigned to the suit.