WEEK 4 WITH BARR EMEKA ON PHASE 2 OF THE BIAFRA PROJECT

 

BIAFRA PRAYERS BEFORE FEDERAL COURT OWERRI

Biafrans being represented by Bilie Human Rights  brought legal action against FGN by way of originating summons for the determination of eight issues with prayer for eight relief as follows:

 

• Whether the Indigenous People of Biafra who are the remnants that were not consumed in the Nigerian-Biafran war of 1967 – 1970 have the right of self-determination pursuant to Articles 19 – 25 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap 10, Laws of the Federation of Nigeria, 1990.

 

• Whether the Claimants who identify themselves as Biafrans by indigenous identity are committing any offence by doing so contrary to any provisions of the Constitution of the Federal Republic of Nigeria 1999 or contrary to any provisions of the Criminal Code and whether it is a crime under any national or international law to mention the name of BIAFRA or for the remnants of the Indigenous People of Biafra who were not consumed by the war to maintain their indigenous identity as Biafrans with their native emblems and symbols as they do now even though they are Nigerians by citizenship and nationality laws; and if the answer is in the negative, whether the Defendants are justified to arrest, shoot and kill the children of the Claimants for identifying themselves as Biafrans by indigenous identity contrary to the rights of indigenous peoples as guaranteed by Articles 19 – 25 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap 10, Laws of the Federation of Nigeria, 1990.

 

• Whether by the interpretation of Section 2 of the Constitution of the Federal Republic of Nigeria 1999 it is a crime for the Claimants and or the people of other ethnic nationalities held together in Nigeria against their will to exercise their right to self-determination by seeking for independence under the law as guaranteed by Articles 19 – 25 Cap 10 Laws of the Federation of Nigeria 1990 and the United Nations Resolution 61/295 of 2007 known as the United Nations Declaration on the Rights of Indigenous Peoples.

 

• Whether it is lawful under the Constitution of Nigeria 1999 and under the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 1990 for the Defendants to hold the ethnic nationalities in Nigeria together by force against their will who now constitute the six geopolitical regions namely: South East, South South, South West, North Central, North East and North West, in a forced marriage akin to slavery contrary to their human and peoples’ rights of self-determination as there is no provision in the Nigerian law or international law that makes it a crime for a people to seek for freedom by the rule of law.

 

• Whether the amalgamation of the peoples of the south and north by the British Government to form one country called Nigeria was with the consent and agreement of the indigenous peoples of the lands; and if the answer is in the negative, whether the Order-in-Council 1910 – 1913 made by the British Government to create Nigeria in 1914 was null and void ab initio for lacking legitimacy as it could not form the basis of the Nigerian Constitution thereby rendering the amalgamation invalid.

 

• Whether by the Constitution of the Federal Republic of Nigeria 1963 which took effect on 1^st October 1963 and remained in force until the midnight of 30^th September 1979 the Defendants were right to seize and confiscate the assets, properties, money, and all treasures belonging to the Claimants by promulgating the Abandoned Properties Act of 28^th September 1979 while the 1963 Constitution was in force, being more than nine years after the war and after the declaration of “One Nigeria” while regarding the Claimants as Nigerian citizens but depriving them of their properties, money and assets; and if the answer is in the negative, whether the Defendants are still justified to withhold the said money, properties and assets belonging to the Claimants.

 

• Whether the Defendants were justified to violate the International Humanitarian Law and the Laws of War known as the Geneva Convention 1949 (to which the Defendants acceded and ratified on 20^th June 1961) by bombing the Biafran civilians, killing the Biafran civilians and using starvation to kill the children, women and the elderly of the civilian population of the indigenous people of Biafra in the war of 1967 – 1970 in order to win the war.

 

• Whether the Defendants by registering Nigeria as a member of the Organization of Islamic Countries (OIC) in 1986 and licensing an Islamic Sharia Bank in Nigeria under the 1999 Constitution contrary to Section 10 of the Constitution of Nigeria have violated the Constitution and turned Nigeria into an Islamic country; and if the answer is in the affirmative, whether the Claimants have the right to dissociate themselves from the Defendants and refuse to answer the citizens of an Islamic country in the exercise of their right to freedom of worship, freedom of association and self-determination as a people.

 

AND LET THE DEFENDANTS TAKE NOTICE that the Claimants who are called Biafrans by indigenous identity and Nigerians by nationality have commenced the legal processes leading to their referendum for self-determination and shall at the hearing of this summons pray the Honourable Court for:

 

• An Order declaring that the Claimants have the right to self-determination pursuant to Articles 19 – 25, Cap 10, Laws of the Federation of Nigeria, 1990, and are therefore free to exercise their right to self-determination for independence or any other political status of their choice.

 

• An Order declaring that the ethnic nationalities that make up Nigeria are not held as slaves under Section 2(1) of the Constitution of Nigeria 1999 and therefore have the right of self-determination to decide their political status by the rule of law.

 

• An Order declaring that the Defendants are liable to pay to the Claimants by way of compensation or reparation the present value of all the money, properties and assets of the Claimants seized by the Defendants as a result of the Nigerian-Biafran war of 1967 – 1970 since the properties were not seized in wartime but nine years after the war based on the post-war discriminatory policies and laws made by the Defendants to suppress the Claimants from generation to generation.

 

• An Order directing the Defendants to comply with the provisions of Article 20 (3) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 1990 and consequently give all assistance to the Claimants in the exercise of their right to self-determination for a peaceful conduct of their referendum for independence or for any other political status of their choice.

 

• An Order granting judicial protection to the Claimants, their homes, their offices and their correspondences individually and collectively as they exercise their right to self-determination and an Injunction restraining the Defendants, their agents and privies, from interfering, arresting, molesting, intimidating, disturbing, hindering or harassing the Claimants or doing any act or omitting to do any act aimed at frustrating the Claimants’ exercise of their right to self-determination which they have commenced with a referendum.

 

• An Order compelling the Defendants to release from its prisons and detention centres all indigenous people of Biafra who are agitating as pro-Biafra Movements for Independence of Biafra by peaceful means and to drop all charges of treason or treasonable felonies made against them and to release all their properties seized by the Defendants.

 

• An Order affirming the Memorandum of Ohaneze Ndigbo dated 28^th June 2012 submitted to the National Assembly for the restructuring of Nigeria into six autonomous self-governing regions, namely: South East, South West, South South, North East, North West and North Central, as a manifestation of the Will of the People in the exercise of their right to self-determination and directing the Defendants to present an Executive Bill to the National Assembly for a law granting autonomy and self-governing status to the six geopolitical regions in Nigeria; OR IN THE ALTERNATIVE, in the role of the Judiciary as the last hope of the common man, an Order directing the Defendants to present an Executive Bill to the National Assembly for a law dissolving Nigeria in peace along the compatible ethnic groups instead of allowing the country to break up in bloodshed.

 

• An Order declaring that the Defendants by registering Nigeria as a member of the Organization of Islamic Countries (OIC) have turned Nigeria into an Islamic country contrary to Section 10 of the Constitution of Nigeria 1999 and therefore the Claimants being Christians have the right to dissociate themselves from the Defendants and refuse to be called the citizens of an Islamic country.

 

The Claimants attached 22 exhibits and deposed to a 44-paragraph affidavit setting forth their case in the originating summons. The Defendants filed their Defence with Memorandum of Conditional Appearance, Counter Affidavit and Preliminary Objections thereby joining issues with the Biafrans. At the moment the Biafrans have filed their REPLY to Nigeria’s Counter Affidavit and Preliminary Objections. The case started in October 2012 and is progressing very well. The next adjourned date is 28^th March 2013.