A group, Customary Government of the Indigenous People of Biafra (CG-IPOB) has sued the Federal Government over the struggle to actualise Biafra.
Respondents in the case pending before the Federal High Court, Enugu, include General Yakubu Gowon (retd), former president Olusegun Obasanjo and Attorney General of the Federation.
In suit No. FHC/EN/CS/103/2019, the pro-Biafra group wants the court to determine issues relating to self-determination, regional autonomy, roles the respondents played during the civil war, referendum among other things.
The plaintiff is seeking redress on issues bordering on the enforcement of rights of ‘Biafrans’ in their pursuit for self-determination, referendum and right to establish an autonomous Biafran state within the Nigerian state as practised by the Scots in the United Kingdom.
The plaintiff, in a suit filed by Emeka Adolf Emekesiri on June 20, 2019, is seeking the court’s leave and jurisdiction to commence action against the defendants.
In an originating summons, the plaintiff is praying the court to determine whether the “instruction” given to members of the claimant by President Muhammadu Buhari, on March 5, 2016, on Al Jazeera Television that it should organise themselves and vote to have a state within a state, which the group said it had accepted and complied with by organising themselves, had created an obligation from which the defendants could no longer withdraw.
The group also asked the court to determine whether “notwithstanding and in the absence of directions, instructions, promises or offers from the defendants, the members of the claimant have the legal and inalienable right to self-determination pursuant to Articles 19 to 25 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria 2004 (Cap 10 LFN 1990)…
“Whether by the Constitution of the Federal Republic of Nigeria 1963 which took effect on October 1, 1963 and remained in force until the midnight of September 30,1979, the defendants were right to seize and confiscate the assets, properties, money, and all treasures belonging to members of the claimant by promulgating the Abandoned Properties Act of September 28, 1979 while the 1963 Constitution was in force.
“This was more than nine years after the war and after the declaration of “One Nigeria” while regarding members of the claimant 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 members of the claimant.
“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 to and ratified on June 20, 1961) by bombing the Biafran civilians, killing them 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 to 1970 in order to win the war…
“Whether it is lawful for the defendants to acquire a Radio licence and set up a Radio Station for the Fulani herdsmen and pay them or offer to pay them N100 billion without doing the same thing for members of the claimant, who are also Nigerian citizens.
“If the answer is in the affirmative, without according the same favour or privilege to members of the claimant being equal citizens of the same country, constitutes a violation of Section 42(1)(b) of the Constitution of the Federal Republic of Nigeria 1999 and therefore unlawful,” the statement said.
