The Islamic movement of Nigeria, generally called Shiites, have faulted ther proscription by Presidency on the ground that Buhari may not have been aware that they were proscribed since there is no proof that President Buhari actually approved the proscription.
The organization has been proscribed as a terrorist organization in the wake of several protests demanding for the release of their leader, Sheik Ibrahim el-Zakzaky, whom the followers fondly call Ayotolla.According to them, Justice Nkeonye Maha of Federal high court Abuja relied on a memo from the Chief of staff to proscribe the sect in answer to a request by the National Security Adviser, Babgana Monguno.
This was contained in a deposition of the MNI legal team, led by Femi Falana, SAN, who cited the recently leaked memo from the NSA indicating that Abba Kyari is usurping presidential powers, concluding that while there was a memo banning the group as presented by government lawyers, there was no memo emanating from Abba Kyari to the President, nor from the President to Abba kyari approving the proscription. According to Falana, section 2(1)c of the terrorism Prevention (amaendment0 Act 2013 specifically states that only the President can approve such proscription, not the Chief of staff. According to him, there has been no denial by President Buhari, or any statement saying he approved the ban. According to Falana, Abba Kyari is not the President, and any approval from him is null and void.
Government Lawyers, in their deposition, however, insists that the proscription followed the Law.
In recent time, there has been controversies emanating from the leaked memo by the National security adviser accusing the Chief of staff of usurping the powers of the Presidency. They frowned at the Chief of staff presiding over m meetings of security chiefs, insisting that it is the duty of the NSA to chair such meetings.
