From Barr. Emeka-Adolf Chigozie Emekesri MESSAGE FROM MEKADOLF CHAMBERS- The Law Firm conducting the case for the Biafrans: To: All Indigenous People of Biafra We continue to act as the Solicitors for Indigenous People of Biafra as represented by Bilie Human Rights Initiative. By the rule of professional conduct, we owe a duty to give regular updates and advice to the people we represent in Court to ensure that their objectives are achieved. In view of the phenomenal growth of the new Biafra Struggle for independence by legal method championed by Bilie Human Rights Initiative as authorized by the Supreme Council of Elders of Indigenous People of Biafra, it has become necessary for us to give a detailed explanation to the Indigenous People of Biafra who are the beneficiaries of the ongoing case in the Federal High Court Owerri. On the instruction of the Claimants in the ongoing case between Biafra and Nigeria, we hereby state and clarify as follows: 1. The New Biafra Struggle for Independence: We use the term New Biafra Struggle for Independence to differentiate the present struggle by legal method from the previous struggle by military method of 1967 - 1970. Biafra was a country that existed on the Ancient Map of Africa for about 400 years before Nigeria was created in 1914. In fact, by the year 1662, the three prominent Kingdoms in West Africa were the Kingdom of Biafra in the East, the Kingdom of Benin in the West and the Kingdom of Zamfara in the North. The country was then spelt as Biafara. Attached herewith as Exhibits 1 and 2 are the Ancient Maps of Africa in 1662 and 1707 showing the three Kingdoms. In 1884-1885, the Europeans and Americans met in the Berlin Conference, Germany, and spread the map of Africa on a table and shared the lands of Africa among themselves for colonization and exploitation of the resources of Africa. This is known in history as the Scramble for Africa. It was from these three kingdoms that Nigeria was created in 1914. The meaning of the word Biafra has been explained in the book, Biafra or Nigerian Presidency- What the Ibos Want, which is available on the internet on the Amazon Bookshop and also distributed by Bilie Human Rights Initiative. The factors leading to the resurrection of Biafra in 1967 are well known to the old generations of the Biafrans and the Nigerians. Many books have been written on Biafra. Any person who loves knowledge can easily find knowledge. The Biafran Story has been passed down to the new generation from their fathers. The new generation now wants to restore and return to the country of their ancestors. Thus, history is about to repeat itself. This was what happened when the Hebrews were kept as slaves in Egypt for 430 years. The story of their ancestral root and slavery in Egypt was passed down from generation to generation for 400 years until the time of Moses and Joshua when they were freed from Egypt. This is what will happen to the Biafrans in this generation! The first attempt made by the Biafrans to free themselves from Nigeria was in 1967. The odds were too much against them because Nigeria was armed to the teeth by the two Super Powers of the Great Britain and Russia, supported by all Arabian and Islamic countries with the Yoruba people from the West and all tribes from the North to destroy Biafra. America pretended to stand neutral. But as the LORD Jesus Christ said, Those who are not with me are against me, so the Biafrans say. Despite the international conspiracy to destroy Biafra, the Biafrans fought like heroes and withstood the enemies for about three years, fighting with only locally manufactured arms and ammunition. It was only when Nigeria violated the rule of law by bombing the Biafran civilians in their villages, churches, markets and clinics; and using starvation to annihilate the Biafran children, that the leaders of Biafra decided to give up the fight in order to save the remaining children who would grow up to fight their own war in their own way. The children have now grown up after 43 years and have started their own war against Nigeria by legal method. In the Suit No. FHC/OW/CS/114/2013 (previously filed in 2012 as FHC/OW/CS/102/2012), Incorp Trustees of Bilie Human Rights Initiative rep Indigenous People of Biafra v. Federal Government of Nigeria and Attorney-General of the Federation, the Indigenous People of Biafra are the Claimants while Nigeria is the Defendant. The details of the case are available on the internet. Now, Nigeria is defending but in 1967 Biafra was defending. The battle has just begun! 2. The Identity and Nationality of the Biafrans: The Biafrans have made a strong legal argument that they are Biafrans by indigenous identity but Nigerians by nationality just as the people of Scotland are Scots by indigenous identity but British by nationality. They have argued that since the Biafrans were not annihilated from the face of the earth by Nigeria as Carthage was annihilated by Rome, the remnants of the Biafrans who were not consumed in the war are protected by law to exercise their right to self-determination. They are relying on both the Nigerian Law and International Law which provide for the rights of indigenous peoples to self-determination. 3. The Structure of the New Biafran Struggle: The Indigenous People of Biafra who are in court with the Federal Government of Nigeria in a representative capacity have their office at 90 Wetheral Road, Owerri, Imo State. Before the Office of Indigenous People of Biafra was opened and the signboard hung, we notified the Federal Government of Nigeria, the Inspector General of Police and the Director of SSS (State Security Services). Attached herewith as Exhibits 3, 4, 5 and 6, are the Legal Notices to the Nigerian Government and the Photographs of the Office of Indigenous People of Biafra. At Paragraph 2 of the Legal Notices, we specifically stated and requested as follows: Though the Court has taken judicial notice of the Claimants’ Address for Service of Court processes and the Claimants have also received the Motion on Notice, Counter Affidavit and Notice of Preliminary Objection served on them by the Defendants (a copy attached herewith), we hereby give an official notice to the President of the Federal Republic of Nigeria/Inspector General of Police/Director of the State Security Service, that the Indigenous People of Biafra who are in court with the Federal Government of Nigeria have their office at No. 90 Wetheral Road, Owerri, Imo State, Nigeria, and do request for security of their lives and properties throughout the duration of this case. As the matter is in court, we request you to advise the Nigeria Police and Security Personnel under your command to obey the rule of law and avoid any executive lawlessness that may prejudice the case in Court.. We confirm that the Nigerian Government has behaved very well so far and has not breached the rules. At the apex of the new Biafran Struggle is the Supreme Council of Elders of Indigenous People of Biafra headed by His Royal Majesty, the Honourable Justice Eze Ozobu (rtd) as the Chairman. The Deputy Chairman is Dr Dozie Ikedife while the Secretary is Col. Joe Achuzia (rtd). The other members are highly respected Elders of Biafraland with impeccable credentials. All indigenous people of Biafra are accountable to the Supreme Council of Elders. But since Indigenous People of Biafra is not a body known to law and therefore not a legal entity with capacity to act in law, the Supreme Council of Elders appointed Bilie Human Rights Initiative by a legal instrument dated 13th Sept 2012 to represent Indigenous People of Biafra. Many questions have been asked about the people that constitute the body known as the Supreme Council of Elders of Indigenous People of Biafra. Some people have asked whether the Council is truly representative of all parts of Biafraland as only a few elders from the South East have been seen or heard publicly addressing the public as Council of Elders. Many people have expressed their concern to have some Elders from the South-South in the Council so that the people of South-South would not feel neglected. For these reasons, we have thought it necessary to give some explanations regarding these elderly men who stuck out their necks in the Biafran Struggle for independence when other elders were afraid to do so. To understand this body of elders, we need to understand its foundation. When the indigenous people of Biafra wanted to sue the Federal Government of Nigeria, there was no legal entity that could sue or be sued on behalf of the Biafrans because Biafra does not exist in the eyes of law. None of the pro-Biafra groups was registered as a legal entity. Only Bilie Human Rights Initiative had the legal capacity to act on behalf of the indigenous people of Biafra. The next issue was the question of locus standi. For Bilie Human Rights Initiative to sue the Federal Government of Nigeria on behalf of the Biafrans, the Elders of Biafraland must authorize it otherwise it would lack the legal nexus to sue on their behalf because the law does not permit a meddlesome interloper or a busybody in other people's matter even though the human rights law has relaxed the rule of locus standi. The next great question was: Who among the Elders of Biafraland would be willing to sign the document and authorize Bilie Human Rights Initiative to sue the Federal Government of Nigeria and seek for independence for the people of Biafra? It was like a treason or treasonable felony to talk about filing a suit against Nigeria on behalf of Biafra. In fact, some people thought that the Biafran lawyer was mad. Most of the Elders in Biafraland (South East and South-South) refused to put their names and signatures on the document which would be served on the occupants of Aso Rock. They had a great fear for their lives and investments. Most of them are in the good books of the Federal Government of Nigeria and we could appreciate their problems. Fortunately, there were few Elders of Biafraland who defied the fear of death and harassment anticipated from the Federal Government of Nigeria. They signed the documents and put forward their necks as the leaders of Indigenous People of Biafra under customary law who authorized the suit against the Federal Government of Nigeria seeking for the independence of Biafra. They were recognized by the Federal High Court as the leaders of the Biafrans under customary law and were subsequently constituted into a customary law government for the indigenous people of Biafra. The suit was properly constituted and the case proceeded. These are the men who have the power to oversee, manage and control the affairs of indigenous people of Biafra. It is now clear to the skeptics and the cowards that the Nigerian Government obeys the rule of law and cannot embarrass the Council of Elders of Indigenous People of Biafra for authorizing a legal action against Nigeria. Therefore, the men who constitute the Supreme Council of Elders of Indigenous People of Biafra are the Elders of Biafraland whose names are contained in the Legal Instrument filed in the Federal High Court Owerri in 2012 authorizing Bilie Human Rights Initiative to act as the Representative for Indigenous People of Biafra. In the said Legal Instrument dated 13th Sept 2012, the Supreme Council of Elders authorized Bilie Human Rights Initiative to sue the Federal Government of Nigeria and act as a national liberation movement for indigenous people of Biafra and do every other thing required to achieve the goals of Indigenous People of Biafra in their quest to assert their right to self-determination. To act as a national liberation movement for a people has some implications in international law. At the inception of the case, many people were worried about the definition of the people who can now be described as Biafrans even though they are not yet sovereign. Should it include the old Eastern Region which was the Biafra of 1967 seeing that some parts of the South South have denied and renounced their Biafran ancestry? Should it include the Biafra of the 17th and 18th Century which included parts of the Middle Belt, Equatorial Guinea and parts of the present day Cameroon? After a careful study of the maps and ethnography of the people, we gave the definition in Court that the Indigenous People of Biafra for the purposes of this case are the indigenes of the South East geopolitical zone of Nigeria, parts of the South-South geopolitical zone of Nigeria and parts of the Middle Belt zone of Nigeria. We adopted this definition (parts of) so that no clan in the South South or Middle Belt would complain of being forced to become Biafra or being excluded from Biafra. The membership of the Supreme Council of Elders may be expanded as the cowardly and timid elders from the South East, South South and Middle Belt overcome their fears and join the Biafran Struggle. But for now, only those whose names are in the Federal High Court Owerri are recognized by the Court as the Supreme Council of Elders of Indigenous People of Biafra. 4. The Role of Bilie Human Rights Initiative The word Bilie means Stand Up in Igbo Language. This is a human rights organization registered both in Nigeria and in the United Nations ECOSOC to advocate for the rights of indigenous people of Biafra. It is a call for the people to stand up for their rights. Under Clause 4 of the Power of Attorney signed by the Council of Elders of Indigenous people of Biafra, Bilie Human Rights Initiative became a national liberation movement for the indigenous people of Biafra. Since the Indigenous People of Biafra is not a legal entity, the human rights organization is a vehicle through which the indigenous people of Biafra can act. Thus, every act performed by Bilie Human Rights Initiative on behalf of indigenous people of Biafra remains valid in law. Under the auspices of Bilie Human Rights Initiative, the Indigenous People of Biafra gather in their meetings as human rights activists seeking to exercise their right to self-determination by the rule of law. As a human rights organization, Bilie meetings offer great opportunities to the Biafrans to listen to free lectures on human rights law, effective leadership, public accountability, obedience to the rule of law, civic responsibilities of the people towards their government, the responsibilities of the government towards the people, peaceful co-existence of ethnic nationalities, the right to self-determination, freedom of religion, freedom of association, freedom of conscience, freedom of expression, etc. This is why Bilie Human Rights Initiative has attracted membership from the elite and intellectuals in the society. In the forthcoming Human Rights Conference and Annual General Meeting of Bilie Human Rights Initiative in December 2013 tagged FREEDOM 2013, an erudite professor and member of the Supreme Council of Elders will deliver the keynote lecture on effective leadership that satisfies the yearnings of the people. At the Annual General Meetings of Bilie Human Rights Initiative, the Officers of the human rights organization render accounts to the people and file the Annual Returns to the Corporate Affairs Commission Abuja as required by law. This is the first and the only registered organization for the indigenous people of Biafra with headquarters in Biafraland that is regulated by law and renders accounts to the public and files its Annual Returns to the Corporate Affairs commission. The fact is that Biafrans are still Nigerians by nationality and subject to the laws of Nigeria until they gain independence. 5. The Legal Battle So Far: The case started in 2012. It took the Defendants about three months to file their defence and preliminary objection on points of law. The Nigerians brought a motion asking for permission to file their papers late. The Biafrans did not object but asked for costs which was awarded by the Court against Nigeria in the sum of N5,000.00. The Defendants paid the costs to the Biafrans as ordered by the Court. The matter progressed and the Defendants brought another motion praying the Court to strike out the suit for being incompetent because the name of the human rights organization representing indigenous people of Biafra was not written in full. The name is Incorporated Trustees of Bilie Human Rights Initiative but the words incorporated trustees of were omitted from the name on the Originating Summons. We argued that it was a mere error of technicality which had nothing to do with the issues before the Court but the Court granted their prayer and struck out the suit on 26th June 2013, giving the Biafrans the right to amend the papers and refile the suit. The Claimants amended their papers and refiled the suit five days later on 1st July 2013. By the end of July 2013, the Courts went on vacation following the end of the legal year. Upon resumption, the Court gave the parties a new hearing date being 25th Oct 2013. The motion brought by the Defendants in June was only a tactic to delay the matter. Now the case continues. Attached herewith as Exhibits 7 - 17 are the photographs of the court sessions, the parties in court and the Council of Elders after court sessions. 6. The Attitude of the Nigerian Government to Bilie Human Rights Initiative: We confirm that the Federal Government of Nigeria has been quite cooperative and obedient to the rule of law in this matter. It is a testimony to the credit of the Nigerian Government that no overzealous policeman or members of the SSS has ever disturbed or harassed any member of Bilie Human Rights Initiative for identifying himself as a Biafran seeking for independence of his ancestral country by the rule of law. Ever since the Office of Indigenous People of Biafra was opened at 90 Wetheral Road Owerri, no Policeman has entered the Office to arrest or harass any Biafran. It is to this Office that the Defendants serve their court processes on the Claimants through the Court Bailiffs. We have rather received good reports that the members of the Nigeria Police Force have accorded due respect to the Biafran human rights activists and shown themselves to be professional law enforcement officers who can only enforce the law against lawbreakers. Therefore, it is only if a Biafran commits an offence that a Policeman can arrest him. The members of Bilie Human Rights Initiative do not break the law and are therefore not disturbed by the Police. In fact, whenever and wherever a new branch of Bilie Human Rights Initiative is inaugurated in Nigeria, the Commissioner of Police in that State usually provides police protection to the indigenous people of Biafra who gather under the auspices of Bilie Human Rights Initiative. This is why the Supreme Council of Elders has advised all pro-Biafra groups to come under the umbrella of the human rights organization and be under control. The genuine pro-Biafra groups existing before now are not disbanded but transformed into the various departments and arms of the Indigenous People of Biafra according to their various skills and specialisms. They are advised to contact the Office of Indigenous People of Biafra at 90 Wetheral Road Owerri for further briefings. It has been reported that many pro-Biafra groups have used the name of Biafra to dupe and swindle the people. Those who were defrauded could not report the crimes and seek the help of the court because he that comes to equity must come with clean hands. Since Bilie Human Rights Initiative preaches the gospel of public accountability and the rule of law, some pro-Biafra groups which are not accountable to the Biafrans may not be comfortable to bring themselves under control. Such groups are in constant quarrels among themselves and in confrontations with the Nigerian Police. 7. Conclusion: Seeing that this is the first case in Nigeria (and perhaps in Africa) where the indigenous people in any country have resorted to the use of legal method to achieve independence, and knowing that the application of human rights law is relatively new in Nigeria where military dictatorship beclouded and destroyed the people's sense of natural justice for many decades, we advise all indigenous people of Biafra to remain loyal and obedient to the government of indigenous people of Biafra headed by the Supreme Council of Elders with their Office at 90 Wetheral Road, Owerri, Imo State, for proper guidance and supervision in their quest for self-determination. We emphasize that the Office of Indigenous People of Biafra who are in Court with the Federal Government of Nigeria is at No. 90 Wetheral Road, Owerri, Imo State. This is the Office where the Supreme Council of Elders addresses the Biafrans after Court sessions. This is the Office recognized by the Federal High Court and the Nigerian Government as the Claimants Office Address. This Office has judicial immunity and protects all Biafrans. The Biafrans shall be using this Office until they get a permanent site. Please forward this mail to all indigenous people of Biafra in your contacts. Yours sincerely, Emeka Adolf Chigozie Emekesri, Esq. Solicitor for Indigenous People of Biafra
Posted on: Tue, 15 Oct 2013 04:58:29 +0000
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