Biafra: Human Rights Group Drag Federal Government To Court

LATE OJUKWU

Billie Human Rights Initiative, a human rights organization, has dragged the Federal Government of Nigeria to an Owerri Federal High Court on behalf of the indigenous people of Biafra.

 In a Statement signed by Barr. Emeka Adolf Emekesri, the group in Suit No FHC/OW/CS/102/2012 sued the Federal Government and the Attorney General of the Federation, seeking to enforce the rights of indigenous people of Biafra to self determination and independence. The suit brought by way of originating summons and requires the Federal Government of Nigeria and Attorney General to appear in Court to answer some questions which include:

I.                   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.

II.                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 and international law to mention the name 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, detain, shoot and or 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.

III.             Whether by the interpretation of section 2 of the Constitution of the Federal Republic of Nigeria 1999 it is a crime for 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 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.

IV.            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 for the Defendants to hold the ethnic nationalities in Nigeria together by force against their will who now constitute the six geo political 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.

V.               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.

VI.            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.

VII.         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 June20th, 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.

   VIIII.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 section10 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 worship, freedom of association and self determination as a people.