An unregistered Islamic sect of Shi’ites operating as Islamic Movement in Nigeria (IMN), has approached a Federal high court sitting in Abuja with a request to set aside the proscription order it issued against its operation in favour of the Federal Government.
The group is contending that the order was useless and unenforceable as it was granted without jurisdiction.
The Federal Government, it would be recalled, had obtained an exparte order from Justice Nkeonye Maha of the Federal High Court in Abuja, which proscribed IMN and designated it a terrorist group on July 26.
But in a motion on notice filed last Friday, IMN is urging the court to set aside the proscription order for want of jurisdiction.
The group in the application filed on its behalf by Mr. Femi Falana (SAN), alleged as part of the grounds for seeking the reversal of the proscription order, that the IMN is a non-juristic body which cannot sue or be sued.
Falana (SAN) maintained that the court could only exercise jurisdiction in a case where proper juristic parties are before it.
He consequently argued that given the legal status of IMN, the court lacked the jurisdiction to issue the ex parte order against a non-juristic body like IMN which is not a registered entity.
It also alleged that the order breached the fundamental right of all its members to fair hearing, guaranteed by section 36 of the Nigerian Constitution.
It also alleged that the ex parte order violated its members right to freedom of thought, conscience, and religion.
