By Okey Iwuji
All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.[11]
The above quote have been undeniable conscious words of freedom fighters of ages and these unalienable right has Nigeria enunciated in her constitution, at least 1999;
*Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.
*Every individual is entitled to respect for the dignity of his person, and accordingly -
(a) no person shall be subject to torture or to inhuman or degrading treatment;
(b) no person shall he held in slavery or servitude; and
(c) no person shall be required to perform forced of compulsory labour.
*Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law -
(a) in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty;
(b) by reason of his failure to comply with the order of a court or in order to secure the fulfillment of any obligation imposed upon him by law;
(c) for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence;
*In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or othr tribunal established by law and constituted in such manner as to secure its independence and impartiality.
*Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance
*Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference
*Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests:
*Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.
*A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-
(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.
Despite the acceptance that freedom is man’s unalienable rights, the government has looked the other way in using high handedness in dealing with some sections of the society especially the freedom agitators from the southeast of the nation whose movement has been based on the principle of non-violence. Since re-emergence of Biafra agitation in early 2000 no fewer than 1,000 Igbo sons and daughters have been brutally killed by Nigerian force for their faith and agitation for Biafra. Many have been maimed and some others slammed in various prisons across the country and others could not be traced after their arrest. It is well known fact that Nigeria has not given up in her quest to wipe out the Ibo race and memory of Biafra from the earth surface, being disappointed that such unexpected number of Ibos survived the civil war in 1970, has therefore continued to catch-in opportunities available to unleash havoc on helpless biafrans. In fact right now, the Ibos are being referred to as a minority tribe in some official documents dubiously written by some disgruntled Nigerians because that is what they set to achieve.
Similarly but with different approach by violence, Boko haram has held Nigeria’s jugular since 2009, asking for a separate Islamic state from the entity called Nigeria. Their target mainly has been on Christians and Igbos who were given ultimatum to leave from northern states or convert to Islam. Although government institutions and some other Muslims have been touched for intervening to stop and condemning the killings of innocent citizens of a country who have unalienable right to live in any
Body of Massob members killed by soldiers.
part of the country, yet the total approach and complicity of the Security and Legislative men and utterances of notable political figures of northern origin has left doubt the will to nip on bud the activities of the sect. The Odua People’s congress (OPC), a militia from the western axis of the country is still seeking for it’s Oduduwa state from the Nigeria state. This group was sometime classified as terrorist group by United States due to hundreds of innocent people killed in several parts of Yoruba land by this group. Interesting none of the violent groups has been killed, hurled into prisons in Nigeria like those from the southeast who chose to be non -violent. Many member s of Movement for the actualization of sovereign state of Biafra members are languishing in prisons in Nigeria and some others killed. On the 5th of November 2012, another group of Biafra agitators, Biafra Zionist movement, led Benjamine Onwuka and about 500 members were arrested in Enugu for re-declaring the state of Biafra. it was gathered that each was bailed with the sum of one million naira and a surety that must have a building in the state capital or Abuja.
Oodua Peoples Congress(OPC) during agitation for Oduduwa Republic.
Body of Massob members killed by soldiers.
part of the country, yet the total approach and complicity of the Security and Legislative men and utterances of notable political figures of northern origin has left doubt the will to nip on bud the activities of the sect. The Odua People’s congress (OPC), a militia from the western axis of the country is still seeking for it’s Oduduwa state from the Nigeria state. This group was sometime classified as terrorist group by United States due to hundreds of innocent people killed in several parts of Yoruba land by this group. Interesting none of the violent groups has been killed, hurled into prisons in Nigeria like those from the southeast who chose to be non -violent. Many member s of Movement for the actualization of sovereign state of Biafra members are languishing in prisons in Nigeria and some others killed. On the 5th of November 2012, another group of Biafra agitators, Biafra Zionist movement, led Benjamine Onwuka and about 500 members were arrested in Enugu for re-declaring the state of Biafra. it was gathered that each was bailed with the sum of one million naira and a surety that must have a building in the state capital or Abuja.
No other year has witnessed strong agitation for either total or partial independence from the Nigeria people like this year 2012. While people clamour for sovereign national conference to discuss our willingness and terms to live together as a nation, some other advocate true federalism or regionalization to enable some level of independence to regions and others are asking for full independence from Nigerian state, in all these, the government hold on to her fears for a dividing nation should any of the choices be made, amidst, daily bombardment of church institutions, killings at people homes, shops and other work places by Islamic fundamentalists in the northern part of the country.
It must be recalled that on 2nd of August Nigeria woke up to hear the declaration of independence from the Ogoni people of Nigeria. In that declaration Dr. Goodluck Diigbo, the broadcaster, said, “We are acting with legitimacy to reclaim all of our rights, without exception,” and by this declaration of political autonomy, we, the Ogoni people are determined to enforce the United Nations Declaration on Rights of Indigenous Peoples, without fear or retreat,” In the same manner, Bakassi people a week later declared independence from Nigeria through commander –General Ekpe Ekpenyong Oku, who in addition said;
“Please for the umpteenth time, we plead with our people to leave Abana now. The fight is going to be thickest and fiercest now that our brothers from the northern and eastern flanks have fully arrived. Bakassi we hail thee. “Throughout history, injured people have had to resort to arms in their self-defence where peaceful negotiations fail. Bakassi people are no exception. Our right to self-determination is imminent; some will die, but some will live to reap from our labour.” he added
Boko haram agitates for Islamic state for Northern Nigeria.
In all these show of discomfort in a continued one Nigeria project, the Nigeria leadership has continued to pay lip service to non -negotiability of national unity whereas secretly fan embers of hatred, division and make malignant policies aimed at keeping some people perpetually down to advantage of others. Such utterances as made by the likes of Babangida and Obasanjo only depict the mind of people that considered Nigeria as a conquered entity reserved for them and their children. In their words, they are ready to go to war at this age to make sure their Nigerian slaves do not gain their freedom, agreeing with the words of Martin Luther King Jnr that,’ Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Therefore, in the light of the senseless killing of the southerners, especially the Ibos, destruction of their properties in a grand conspiracy and wide dissatisfaction in Nigeria by different ethnic groups a human right organization, Bilie human right initiative, an indigenous organization registered with United Nations and Nigeria, through her counsel, Barrister Emeka Adolf Chigozie has thrown a legal fight to Babangida, Obasanjo , Nigeria government and all that think it evil for indigenous people to ask for freedom from the Nigerian project, especially the Biafrans. Since it is well known that the two leaders are old enough (though refused to acknowledge so)to go literally into the trenches of today, Bilie decided to show them alternative trenches were earth need not to rob on their agbada.
Bilie's decision was further inflamed by unrepentant comments from some Nigeria elites and ruling class who boast their readiness to repeat all issues raised by Chinua Achebe's, There was a country, against the Nigerian government, especially the salvation policy, 20 pounds payment to every account holder in Nigeria banks after the civil war, the indigensation policy and abandoned property promulgated against the Ibos.
Bilie's decision was further inflamed by unrepentant comments from some Nigeria elites and ruling class who boast their readiness to repeat all issues raised by Chinua Achebe's, There was a country, against the Nigerian government, especially the salvation policy, 20 pounds payment to every account holder in Nigeria banks after the civil war, the indigensation policy and abandoned property promulgated against the Ibos.
In an originating summons issued to Nigeria government sometime October, this year at Federal high court Owerri, Bilie stated thus; Gentlemen of the Press, we are here today to let the world know what is happening in Nigeria. The safety of the lives and properties of indigenous people of Biafra living in Nigeria are no longer guaranteed. The Biafrans were forced to surrender their sovereignty and become Nigerian citizens on the promise that their lives and properties would be protected by the Government of Nigeria. Now, it has become clear that the Government of Nigeria is impotent and incompetent to protect the indigenous people of Biafra who were not consumed by the war. In fact, the Nigeria Police and Army Officers have continued to harass, intimidate, arrest, detain and kill Biafran human rights activists who are agitating for the self-determination and independence of Biafra by peaceful means but spare the militant activists from other nationalities agitating for similar outcome. There is clear and demonstrable policy of discrimination, marginalization, oppression and racism against the remnants of the indigenous people of Biafra living in Nigeria which has caused some of them to deny their identity in order to receive favours from the Federal Government of Nigeria. The situation has compelled Bilie Human Rights Initiative to file multiple suits against the Federal Government of Nigeria and its agents on behalf of the indigenous people of Biafra to protect their human and peoples’ rights. At the moment, the two suits Bilie Human Rights Initiative has filed are as follows:
(a) Case number 1 is for the Self-determination and Independence of Biafra
(b) Case number 2 is an order seeking restraint on the part of the Federal Government of Nigeria and her agents from the continued intimidation, harassment and threat to life of the publishers and distributors of Eastern Pilot Newspaper and violation of the publication’s freedom of expression as guaranteed under the constitution of the Federal Republic of Nigeria.
The Case for Self-determination and Independence of Biafra:
On behalf of the Indigenous People of Biafra, Bilie Human Rights Initiative has filed the case, Suit No. FHC/OW/CS/102/2012 in the Federal High Court of Nigeria in the Owerri Judicial Division against the Federal Government of Nigeria and the Attorney-General of the Federation seeking to enforce the rights of indigenous people of Biafra to self-determination and independence. The said suit brought by way of originating summons requires the Federal Government of Nigeria and the Attorney-General of the Federation to appear in court to answer fundamental questions impinging on the rights of Indigenous People of Biafra which to date has remained unanswered and untested in any competent court of law.
Bakassi prepare for war as it declares independence
LET the Federal Government of Nigeria and the Attorney-General of the Federation within thirty days after service of this summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this summons which is issued upon the application of BILIE HUMAN RIGHTS INITIATIVE representing INDIGENOUS PEOPLE OF BIAFRA who are 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 seeking to enforce their right to 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, and to redress all wrongs occasioned on them by the Defendants in consequence whereof the Claimants pray for the determination of the following questions: 1. 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.
Ogoni declares independence
2. 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, 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.
3. 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.
4. 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.
5. 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.
Federal hgh court Owerri hears Bilie & Nigeria
6. Whether by the Constitution of the Federal Republic of Nigeria 1963 which took effect on 1st October 1963 and remained in force until the midnight of 30th 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 28th 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.
7. 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 20th 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.
8. 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 a
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:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) An Order affirming the Memorandum of Ohanaeze Ndigbo dated 28th 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.
(h) 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 facts of the case and exhibits relied on are contained in a 44-Paragraph Affidavit filed with the suit. Bilie Human Rights Initiative is by this legal action accelerating efforts to bring legal clarity to the issue of arbitrary arrests of indigenous people of Biafra. We believe that what Biafra lost after the war was its sovereignty and not its people since we were not annihilated by Nigeria as Rome annihilated Carthage.
By this BIlie has on behalf of the Ibo nation beckoned the federal government of Nigeria and all who try to silence the Ibos when Biafra is mentioned to tell us why we should not bear our indigenous identity and why we should not go out of the Nigerian project. Though the summons was properly served on the government to appear in court or cause appearance to be entered for her on 30th October 2012 for 1st hearing the later failed to show up and case was adjourned to 26th November 2012 which she failed to honour the second time but honoured the case instituted by the same Bilie at Abuja against her on behalf of Eastern Pilot Newspaper which security agents of the government has been harassing and impound her papers that write against the injustice meted to the Ibos. Nigeria government unexpectedly committed herself before the court having attended Abuja case without reason for absenting that of Owerri and by this leaves Justice S.M Shaibu of the federal high court no other choice than to continue with the case on the 16th of January 2013. And being aware of the implication Nigeria has shown interest to be in court on that date. It will be exciting moment lovers of human rights are waiting to see. May be Britain and Russia will deploy their anti -freedom personnel to help argue for Nigeria why the Biafrans should not go.
