BIAFRA BY POWER OF LAW & DIPLOMACY

THE WISDOM OF THE CUSTOMARY GOVERNMENT OF INDIGENOUS PEOPLE OF BIAFRA-
© EMEKA EMEKESRI, ESQ., 2016.

SOLICITOR FOR INDIGENOUS PEOPLE OF BIAFRA.

1. Introduction:

Following the Press Interview granted to the Sunday SUN Newspaper on 17th April 2016 by Dr Dozie Ikedife, the Deputy Leader of Indigenous People of Biafra (IPOB), it has become expedient for me to make this statement in my personal capacity as the Solicitor for Indigenous People of Biafra having the conduct of the case between Biafra and Nigeria in the Suit No FHC/OW/CS/192/2013 pending in the Federal High Court Owerri, Nigeria. The case started in 2012 as Suit No FHC/OW/CS/102/2012. I have decided to make this public statement to clarify various issues and questions emanating from the conducts of some pro-Biafran activists who have brought confusions into the Biafran independence movement.

Let me quote some portions of the Newspaper publication. In the Press Interview, the SUN Newspaper wrote as follows:

“The average person in Nigeria knows that Nnamdi Kanu is the Director of Radio Biafra based in London, Britain. But what most people do not know is that he is not the leader and founder of Indigenous People of Biafra (IPOB). Nevertheless, he has through his incarceration by the Department of State Services become the face of IPOB”.

“Now, Nnamdi Kanu has adopted and is using the acronym, IPOB. People say Nnamdi Kanu is the leader of IPOB. The truth is that Kanu is the Director of Radio Biafra. We founded the IPOB, not Kanu. In the IPOB we founded, there is division of labour. Kanu only handled the communication wing of the organization but he went ahead to arrogate himself as the founder of IPOB because of the instrumentality of the Radio Biafra. The Supreme Council of Indigenous People of Biafra expressed displeasure in the
language he used in his broadcast and the programme he was presenting. So, calling him the leader of the IPOB is a wrong crown on a wrong head”.

Question:

“Now, what differentiates your organization and the one Kanu purportedly leads?”

Answer:

“The Supreme Council of Indigenous People of Biafra, using Bilie Human Rights Initiative as a corporate body follows legal, peaceful and diplomatic process to go about the issue of self-determination to the extent that this Bilie Human Rights Initiative held a meeting on April 14 with the United Nations Security Council Committee. The purpose of the meeting was to find means of countering the funding of terrorist groups- people who are declaring war, harassing other peace-loving citizens. There lies the great difference. The real IPOB is a peaceful, legal, diplomatic, law-abiding group. We have also been given Consultative Status of the ECOSOC of the United Nations. The interest of the Supreme Council of Indigenous People of Biafra is well represented at these international bodies because we are pursuing our self-determination through legal, diplomatic, law-abiding and peaceful process, through respect for all laws of the land. We are not talking about disobeying any law, we are not talking about war, we are not preaching ethnic hatred. We do not support insulting elders or constituted authority. We are not threatening physical assault on any individual or group. These cannot be the solution”.

Question: “Could Kanu’s hijack of your IPOB be the reason your organization did not talk about his release?”

Answer: “We are talking about his release but we are not saying if he has committed any offence, the law will not take its course. In any case, we the elders are saying let Kanu be released to us. We can caution him thereafter. We want him released to us and as elders we will sit him down and direct him properly. We cannot achieve self-determination through calling for war and violence of any kind or any method that can lead to spilling of blood. That should be avoided entirely”.

2. For a long time I decided not to make any comments regarding Nnamdi Kanu but since Dr Dozie Ikedife, the Deputy Leader of Indigenous People of Biafra, has granted this Press Interview to the SUN Newspaper and given answers to the question as to the differences between the IPOB governed by the Supreme Council of Elders and the group which Nnamdi Kanu purportedly leads, I now take the liberty as the Solicitor for Indigenous People of Biafra to make fair comments on the publication. I am aware of many pro-Biafra activists including Nnamdi Kanu who are now standing trials for alleged violations of the Nigerian law. I am not competent to speak about those people and the allegations against them because to do so might be prejudicial to the cases and would violate the rule of sub judice. I will never make any comments on the criminal matters at all. I would rather speak on the civil issues and internal problems and confusions that have bedevilled the Biafran independence movement and the way forward.

3. Understanding the differences between the original IPOB founded by the Supreme Council of Elders and the one Nnamdi Kanu purportedly leads

3.1 We have decided to speak out at this time to make the difference very clear. Some prominent people have called me and said that they joined Nnamdi Kanu’s IPOB when they heard that I am the Solicitor for Indigenous People of Biafra but they were surprised that I had not taken any action against the Nigerian Government on behalf of Nnamdi Kanu. They know that I am the Solicitor with the conduct of the case between Biafra and Nigeria in the Federal High Court Owerri and thought that Nnamdi Kanu was one of my clients. The fact that I have distanced myself from Nnamdi Kanu’s group made them to ask questions. I told them politely that Nnamdi Kanu’s group is not the same IPOB in the Federal High Court Owerri pursuing the self-determination case for Biafra by legal and diplomatic method.

3.2 We have to make it clear to all and sundry that the body known as Indigenous People of Biafra (IPOB) was established in 2011 and received judicial recognition under the Nigerian law in 2012 in suit No FHC/OW/CS/102/2012 renumbered as Suit No FHC/OW/CS/192/2013 in which the body was defined as the remnants of the whole Nation of Biafra who were not consumed in the war, now inhabiting the three contiguous regions of the South East, parts of the South-South and parts of the Middle Belt regions of Nigeria. The body is a non-legal entity which sued in a representative capacity by the human rights organization called Bilie Human Rights Initiative as explained by Dr Dozie Ikedife in the Press Interview with the SUN Newspaper.

3.3 While the Solicitor advised that the remnants of the Biafrans and their descendants who were not consumed in the war should be called “Indigenous People of Biafra” in accordance with the rules of International Law and was described as the Solicitor for Indigenous People of Biafra, it was Dr Dozie Ikedife who gave it the acronym, IPOB, in 2013. It is not an organization founded by one man but the whole Nation of Biafra. It is governed under Customary Law by the Supreme Council of Elders of Indigenous People of Biafra. The Leader of the original Indigenous People of Biafra is His Royal Majesty & His Lordship, the Honourable Justice Eze Ozobu, OFR (rtd); The Deputy Leader is Dr Dozie Ikedife, OON, JP; The Secretary-General is the Brig. Gen Joe Achuzia (rtd); The Public Relations Officer (PRO) is His Royal Majesty, Eze Iheanyi Nwokenna, OFG, JP; and other prominent Elders that constitute the Council. These are the Leaders of Indigenous People of Biafra (IPOB), not Nnamdi Kanu. The Biafra independence movement by the rule of law has a proper government structure anchored upon the Nigerian law.

3.4 When Nnamdi Kanu was arrested by the Nigerian Authorities, His Lordship, the Honourable Justice Eze Ozobu OFR was interviewed by the Press and he denied ever knowing Nnamdi Kanu. Many pro-Biafra activists were not happy with His Lordship for his statement to the Press denying Nnamdi Kanu. But His Lordship was right because Nnamdi Kanu has never seen or met with the Honourable Justice Eze Ozobu in his life.
In the Press Interview by the SUN Newspaper, Dr Ikedife said concerning Nnamdi Kanu as follows: “So, calling him the leader of the IPOB is a wrong crown on a wrong head”.

3.5 Nnamdi Kanu was ostracised and excommunicated by the Supreme Council of Elders of Indigenous People of Biafra by a Pubic Notice and Disclaimer dated 12th May 2014. The Disclaimer was published to the whole world by the Supreme Council of Elders. The reasons for his excommunication and ostracism are contained in the Public Notice which is already in the public domain. I cannot say anything apart from what is already in the public domain.

3.6 The question posed by the SUN Newspaper as to the differences between the IPOB under the Supreme Council of Elders and the IPOB which Nnamdi Kanu purportedly leads has many answers. Essentially, there is a fundamental difference of ideologies. On 10th Sept 2014, Nnamdi Kanu’s group wrote a Petition to the Corporate Affairs Commission Abuja (CAC) to revoke the Certificate of Bilie Human Rights Initiative and arrest Barr Emeka Emekesiri for not disclosing to the CAC that Bilie was registered with the intention to fight for the secession of Biafra even though by legal method. The Petition was signed by Mazi Clifford Chukwuemeka Iroanya and Mazi Ikenna Alphonsus Nwanonenyi. The title of their Petition is: “A CASE FOR REVOCATION OF CERTIFICATE OF INCORPORATION OF BILIE HUMAN RIGHTS INITIATIVE (BHRI) AND THE PROSECUTION OF ITS TRUSTEES FOR PERJURY”.

3.7 At Paragraph 2 (2) of the Petition, Nnamdi Kanu’s group stated as follows: “According to Section 2B of BHRI Constitution, the administrative headquarters of BHRI shall be in Owerri. Is it then a coincidence that BHRI physical office address is the same as the so called Indigenous People of Biafra in Owerri who have dragged Nigeria to court (in conjunction with BHRI) in a legal battle for secession? It is therefore correct to surmise that BHRI was registered under false pretence and deceit, by a Nigerian Agency (CAC) and now BHRI is fighting the same country (for secession) for which the Agency is answerable to. The loyalty of the CAC to the Federal Government of Nigeria is under question here”. In this Petition, they actually acknowledged that there is an entity in Owerri called Indigenous People of Biafra who have dragged Nigeria to court in conjunction with BHRI. They referred to the Claimants as the “so called Indigenous People of Biafra in Owerri who have dragged Nigeria to Court”. But their accusation is that the Solicitor deceived Nigeria and registered Bilie Human Rights Initiative which turned around to fight against Nigeria for secession of Biafra by legal method. They therefore wanted the Federal Government of Nigeria to revoke the Certificate of BHRI and arrest the Biafran Solicitor for perjury.

3.8 As the Corporate Affairs Commission (CAC) did not revoke the Certificate of BHRI, they wrote another letter dated 13th November 2014 with the caption, “Re: REVOCATION OF CERTIFICATE OF INCORPORATION OF BILIE HUMAN RIGHTS INITIATIVE (BHRI)- THE NEED FOR CAC TO TAKE APPROPRIATE ACTION AS THE INTERNATIONAL COMMUNITY IS WATCHING AND WAITING”. This was when the Nigerian Lawyers filed a copy of the Petition in Court as their evidence to defend Nigeria by a Further and Better
Counter Affidavit. It was from the Defence filed by the Nigerian lawyers exhibiting the Petition that we knew for the first time that there was a Petition written by Nnamdi Kanu’s group against Bilie Human Rights Initiative. Nnamdi Kanu’s group had alleged that Barrister Emeka Emekesri deceived the Nigerian Government and registered Bilie without disclosing the intention to sue Nigeria on behalf of Biafra and questioned why the Corporate Affairs Commission should register an Organization that would turn around and fight against Nigeria on behalf of Biafra by legal method. They sent copies of the Petition to the Nigerian Lawyers and the Judge of the Federal High Court. This was why the Defendants tendered the Petition in Court as an exhibit in their defence. We replied to the Petition both to the Corporate Affairs Commission and to the Court and proved that their Petition lacked merits.

3.9 In his postings on the internet tendered as Exhibit B7, Nnamdi Kanu said he did not believe in the use of legal method or peaceful method to actualise the independence of Biafra and called Bilie Human Rights Initiative a fraud for embarking on the use of legal method and stated as follows:
“The best antidote to lies and deceit is TRUTH. The best antidote to treachery and sabotage is death. To all the amateur lawyers experimenting with Biafra independence in Nigeria law court and their shameless deceit your end is near. THIS IS THE PM EDITION OF RADIO BIAFRA LIVE BROADCAST OF 14 JUNE 2014 FROM ENUGU THE CAPITAL CITY OF BIAFRALAND. In this episode: Three questions Bilie APC/BHRI will never answer and which they must be pressured to provide answers are:
(1) Why is Bilie APC/BHRI continuing to deceive Biafrans with a court case when there is no recorded case in history where a country got independence through legal method? Ask them to name one country that got freedoms through the courts
(2) Why is Bilie APC/BHRI in court with a country that has expired given that Nigeria ended on 31st December 2013?
(3) Why is Bilie APC/BHRI deceiving gullible Biafrans by claiming they will drag the dead court case at Owerri High Court to the International Court in The Hague when the lawyers in their team know fully well that this is a lie? These liars did not tell the Biafrans that only countries are allowed to refer matters to the International Court, not human rights group….Say no to further deceit in the name of Biafra, join the revolution today. Without violence there will be no Biafra. No country won her freedom through legal method. This legal method rubbish is a fraud. No compromise, no retreat, no surrender. Biafra or death”!

3.91 His most powerful broadcast and propaganda against us was when he stated that “Without violence there will be no Biafra. No country won her freedom through legal method”. With this propaganda, many of our followers left us and followed him in the exercise of their right to freedom of association. Thus, he emphasizes that without violence there will be no Biafra and calls us amateur lawyers experimenting
with Biafra independence in the Nigerian law courts and threatens that our end is near. As far as we are concerned, Nnamdi Kanu has not committed any offence against us by calling us amateur lawyers and threatening that our end is near. We regard it as empty boasts by a misguided person. We are still alive. By his little knowledge, Nnamdi Kanu said that “only countries are allowed to refer matters to the International Court, not human rights group”. We can excuse him because he is not a lawyer and not expected to know the rules of law.

3.92 The Supreme Council of Elders of Indigenous People of Biafra operates in Court by the agency of the human rights organization called Bilie Human Rights initiative which is simply called Bilie. In his postings and broadcasts, Nnamdi Kanu always referred to the Organization as Bilie APC/BHRI and makes the public to believe that we are in the APC Political Party and accuses us of deceiving the people by continuing in Court with Nigeria which he said had expired on 31st December 2013. We do not know where he got his information and authority to say that Nigeria ended on 31st December 2013. We heard the news from Newspaper reports that he was arrested by the Nigerian Authorities in 2015 (arrested by the “expired” country) and is still in their custody.

3.93 The most significant factor differentiating the original Indigenous People of Biafra (IPOB) who are in Court with Nigeria in Suit No FHC/OW/CS/192/2013 from the group which Nnamdi Kanu purportedly leads is that the original IPOB are governed by the Supreme Council of Elders under Customary Law and have a physical office address in Enugu Nigeria where they established the Secretariat of the Customary Government of Indigenous People of Biafra. I have made it clear in my previous address that Customary Government is lawful under the Nigerian Law just as the Sharia Government. The Customary Government website is www.ipobgovernment.org which anybody can access for more information. My clients are not hiding because they operate lawfully within the ambit of the Nigerian Constitution. They are in Court with the Federal Republic of Nigeria and the Attorney-General of the Federation as the Claimants in a representative capacity. The Defendants know the real people who are the Leaders of Indigenous People of Biafra. They are men of high honour and integrity respected in the whole world. I now advise all those people who are confused to follow and obey the Supreme Council of Elders of Indigenous People of Biafra.

4. Not Biafra or Death but Biafra and Life:

4.1 From today, I advise all the Biafrans to start singing and proclaiming “Biafra and Life” by faith and not “Biafra or Death”. Almost 99% of the Biafrans are Christians who believe in the words of the Lord Jesus Christ that he has come that we may have life in abundance while the Devil came to steal, kill and destroy. We do not want any more deaths of the Biafran activists. The Supreme Council of Elders has not authorised the Biafrans to go and block the public highways and bridges. The people of Scotland are also agitating for their independence and we have not seen them on the road blocking the public highways and bridges in confrontation with the British Police and British Army. However, we condemn the Nigerian Police and Army for using excessive and
disproportionate force to control the unarmed Biafrans protesting for independence. There shall be no more bloodshed in the name of Biafra. Enough blood has been shed. We have lost more than 3 million souls. We want everybody to be alive and see Biafra. It is now Biafra and Life! Let all the Indigenous People of Biafra start proclaiming the word of faith, “Biafra and Life”. The Bible says that we shall receive what we confess with our mouth. It is not Biafra or Death but Biafra and Life!

4.2 Now I want to make comments on the opening paragraph of the SUN Newspaper publication where it was written as follows:
“The average person in Nigeria knows that Nnamdi Kanu is the Director of Radio Biafra based in London, Britain. But what most people do not know is that he is not the leader and founder of Indigenous People of Biafra (IPOB). Nevertheless, he has through his incarceration by the Department of State Services become the face of IPOB”.
It is my opinion that the Nigerian Press, Nnamdi Kanu’s Media Team and the Nigerian Authorities made Nnamdi Kanu the face of the IPOB even though they know that the original IPOB is in Court with Nigeria on the self-determination case under the leadership of the Supreme Council of Elders of Indigenous People of Biafra. It is also my opinion that their motive for making him the face of IPOB is to discredit and weaken the Biafran independence movement. Let me support my opinion by referring to both natural and spiritual law:
(a) Violation of the spiritual law for national liberation: In Exodus 3: 16 – 18 (Holy Bible), The LORD God Almighty laid down the spiritual law for national liberation movement. In a nutshell, the vision-bearer is required to gather the elders of the land and go with them to confront the sovereign power that holds them captive. He spoke to Moses as follows: “Go, and gather the elders of Israel together, and say unto them, The LORD God of your fathers, the God of Abraham, of Isaac, and of Jacob, appeared unto me, saying, I have surely visited you, and seen that which is done to you in Egypt: And I have said, I will bring you up out of the affliction of Egypt … And they shall hearken to thy voice: and thou shalt come, thou and the elders of Israel, unto the king of Egypt, and ye shall say unto him, The LORD God of the Hebrews hath met with us: and now let us go, we beseech thee, three days' journey into the wilderness, that we may sacrifice to the LORD our God”. From the scriptures, the vision-bearer is required to gather together the elders of the land who will meet with the sovereign government face to face and speak with one voice demanding freedom from their oppressors. This is what the Supreme Council of Elders of Indigenous People of Biafra and their Solicitors have done by engaging with the Nigerian Government face to face in the Federal High Court Owerri demanding for their freedom. Without the backing of the elders of the land, the people shall not be freed. I believe that the Nigerian Authorities and Nigerian Press know this spiritual law but decided to make Nnamdi Kanu the face of IPOB to weaken the spiritual basis of the Biafran independence movement. This is why the Nigerian Press and Nigerian Authorities do not promote the powers of the Supreme Council of Elders of Indigenous People of Biafra.
(b) Violation of the natural law of respect for authorities and dignitaries: In the Book of Jude 1: 8 – 9, it is written concerning disrespectful people as follows: “Likewise also these dreamers defile the flesh, reject authority, and speak evil of dignitaries. Yet Michael the archangel, in contending with the devil, when he disputed about the body of Moses, dared not bring against him a reviling accusation, but said, “The Lord rebuke you!” The Bible tells us that even the Archangel Michael when he disputed with the devil over the body of Moses did not cast abuses and insults on the Devil but said to the Devil “May The LORD (Adonai) rebuke you”. If the Archangel Michael with all the powers vested in him did not insult and abuse the Devil but called upon the LORD to rebuke the Devil, what gave Nnamdi Kanu the audacity and effrontery to insult and abuse the Elders, Ministers of God and Dignitaries of our land? I believe that the Nigerian Authorities and the Nigerian Press know that Nnamdi Kanu violated this natural law of respect for authorities and dignitaries but decided to make him the face of IPOB to weaken the respect for the Biafran independence movement.

4.3 Let me now emphasise on the importance of obeying the constituted authorities whether under Customary Law or Statutory Law. In the Book of Romans 13: 1 – 2 (Holy Bible), it is commanded as follows: “Everyone is to obey the governing authorities. For there is no authority that is not from God, and the existing authorities have been placed where they are by God. Therefore, whoever resists the authorities is resisting what God has instituted; and those who resist will bring judgment on themselves”. Now, in a democratic government as in Nigeria, there are three arms of government namely: the Judiciary, the Executive, and the Legislature. These are the governing authorities by statute and everyone is commanded to obey them. Under Sharia Law and Customary Law, the elders of the land are the governing authorities. By the doctrine of separation of power in statutory governance, the Executive and the Legislature are checkmated by the Judiciary. Any unconscionable law made by the Legislature or obnoxious Policy made by the Executive can be set aside by the Judiciary. Also any rule or order made under Customary Law which is repugnant and incompatible with natural justice, equity and good conscience will be set aside by the Judiciary. This is why we can drag the Federal Government of Nigeria or the Traditional Ruler of a Community to Court and they will come to the Court to defend themselves because nobody is above the law.

4.4 I want to allay the fears of many people on both sides (Nigerians and Biafrans) because I have observed with dismay that many people are not knowledgeable in the international human rights law on the issues at hand. I know that some ignorant people may frown at my use of the word “Biafrans” to describe the Claimants in the ongoing case. We have made it clear in Court that what Biafra lost after the war of 1967-1970 was its sovereignty and not the indigenous identity of its people. This was why we made a strong submission in Court that we are Nigerians by citizenship but Biafrans by indigenous identity until we gain independence from Nigeria just as the people of Scotland are British by citizenship but Scottish by indigenous identity and now seeking for their own independence from Britain. I have heard some ignorant people arguing
over this issue as to whether the Biafran agitators should participate in Nigerian affairs or use the Nigerian Passports and Nigerian Currency.

4.5 The truth is that Biafra is not yet an independent country and therefore cannot issue Passports. It is our submission that the Nigerian Government forced the citizenship of their country upon us against our will. We were forced to answer Nigerian citizens and forced to use the Nigerian Passport whether we liked it or not but we still retain our indigenous identity as Biafrans. This is why the Claimants in the ongoing suit in the Federal High Court Owerri are called INDIGENOUS PEOPLE OF BIAFRA who sued in a representative capacity under the leadership of the Supreme Council of Elders of Indigenous People of Biafra. The Federal High Court of Nigeria had taken judicial notice of this name “INDIGENOUS PEOPLE OF BIAFRA” as far back as 2012 before Mr Nnamdi Kanu began in recent times to claim that he is the founder and leader of Indigenous People of Biafra. He is not the Leader of Indigenous People of Biafra as Dr Dozie Ikedife has explained in the SUN Newspaper. However, I will say that Nnamdi Kanu, instead of repenting and asking the Elders for forgiveness, broke away and took the name of the original Indigenous People of Biafra and registered it as a private limited liability company in London called Indigenous People of Biafra limited (limited by shares) and Indigenous People of Biafra (IPOB) limited by guarantee. The Elders were not happy that he turned the Biafrans into a private limited liability company owned by two men (Uche Mefor and Nnamdi Kanu). He is rightly the leader and director of his limited liability companies registered in London but not the leader of the Indigenous People of Biafra who are in Court with Nigeria in Suit No FHC/OW/CS/192/2013.

4.6 I know that many people would like to hear more regarding the statement that Nnamdi Kanu is not the Leader of Indigenous People of Biafra. Well, I will refer to the Court Records in the Federal High Court Owerri, in Suit No FHC/OW/CS/102/2012 and Suit No FHC/OW/CS/192/2013, which show the Leader of Indigenous People of Biafra as His Royal Majesty & His Lordship, the Honourable Justice Eze Ozobu, OFR (rtd); the Deputy Leader as Dr Dozie Ikedife, OON, JP; the Secretary-General as the Brig. Gen. Joe Achuzia (rtd), and the other members of the Supreme Council of Elders of Indigenous People of Biafra. These are the men behind the Biafra independence movement by legal and diplomatic method which commenced in the Federal High Court Owerri in 2012. These are the Elders of Biafraland who ostracised Nnamdi Kanu from the Biafran Independence movement by a Disclaimer and Public Notice when he misbehaved and refused to repent. The details of what he did that made the Elders to ostracise him are contained in the Public Notice and Disclaimer which is already in the public domain. It is an internal civil matter under our customary law for which the Elders invoked their powers to discipline their erring child. It is an abomination under our Customary Law for a child to insult and abuse the Elders of our land.

4.7 Dr Ikedife has said to the Press as follows: “We are talking about his release but we are not saying if he has committed any offence, the law will not take its course. In any case, we the elders are saying let Kanu be released to us. We can caution him thereafter. We want him released to us and as elders we will sit him down and direct
him properly”. As a matter of fact, the customary summons or invitation issued to Nnamdi Kanu by the Indigenous People of Biafra dated 5th Oct 2013 to come and defend himself against various complaints is still waiting for him. The Elders therefore want him to be released to them so that they could “sit him down and direct him properly” in accordance with their customary law. Nobody is above the law.

4.8 I want to clear some confusions created by some pro-Biafra activists. We are still Nigerians until we gain independence but the people who started the Biafran independence struggle in the 1990s did not understand the difference between citizenship and indigenous identity of a person and therefore claimed in hypocrisy that they were not Nigerians while using the Nigerian Passports! Those pro-Biafra agitators misguided their followers and told them that they were not Nigerians and therefore should not participate in the Nigerian census, Nigerian politics, Nigerian civil service, etc. In 2015, the broadcaster on the Radio Biafra told them not to vote in the Nigerian Election and they obeyed him and abstained from voting just as they abstained from the 2006 Census. In fact, in recent times when my inventions in Estate Surveying and Valuation Science called Mekadolf Formulae were showcased in Abuja, some of the Biafrans accused me of being a traitor and betrayer worse than Judas Iscariot! You can imagine the mind-set and mentality of the people struggling for the Biafran independence. Much work is needed to re-orientate their minds. This incident made me to understand the level of knowledge and wisdom possessed by many people who describe themselves as Biafran activists. We can excuse their ignorance and innocent mistakes as they are not knowledgeable in international human rights law.

5. Biafra Has Been Restored Without a Territory- Breaking News

It is my submission that the greatest mistake that Nigeria made was to have spared the remnants of the Biafrans alive. If Nigeria had annihilated the Biafrans in 1970 A.D., just as Rome annihilated Carthage in the third Punic war of 146 B.C., there would not have been any remnants of the Biafrans today to seek for the restoration of their ancient nation. In my book, “Biafra or Nigerian Presidency- What the Ibos Want”, I proved by documentary evidence that Biafra had existed as an ancient country in the Map of Africa for more than 400 years before Nigeria was created in 1914. Today, we have restored Biafra as a people governed by their Elders under Customary Law but without a territory yet under Statute Law. Perhaps, many people do not know that Biafra has actually come into existence but without a territory. We are a people with defined identity living in a defined country under a defined de facto customary government but without a separate territory delineated by law. We have become a nation-in-waiting. This has some implications in international human rights law which I shall talk about in due course. I have observed that many Law Enforcement Officers in Nigeria do not understand the law and may make mistakes if not properly guided. It has therefore become expedient for us to explain in detail the philosophy underlying the existence of the Customary Government of Indigenous People of Biafra.

6. Customary Government under the Nigerian Legal System:

6.1 In my previous statement entitled “Customary Government is Lawful in Nigeria”, I cited the provisions of the Nigerian Laws that authorise the use of customary law and sharia law to govern the people within Nigeria. The claimants in the Federal High Court Owerri known as Indigenous People of Biafra are governed under Customary Law by their Elders called the Supreme Council of Elders. They have established their Customary Government with their Secretariat at Enugu. The only limitation is that the people governed under customary law and sharia law are not sovereign but remain under the sovereignty of Nigeria. But they have the right to govern themselves as a people within Nigeria. After the war, the Biafrans were scattered like sheep without a shepherd. Their republican and individualistic nature made it more difficult to gather them together. Their political enemies made matters worse by sowing discord among them, creating enmity among them, planting political stooges among them, and empowering traitors to rule over them. The Biafrans became hopeless and helpless in the midst of enemies within and without. Even among the pro-Biafra agitators, they started calling themselves bad names such as traitors and betrayers as nobody could trust anybody again. This was the situation before the lawyers and the elders joined the Biafran national liberation struggle.

6.2 The first action taken by the lawyers was to anchor the Biafran independence movement upon the rule of law and diplomacy. As Biafra is not yet a sovereign nation, it can only sue or be sued in a representative capacity. This was why the Indigenous People of Biafra sued Nigeria by the human rights organization known as Bilie Human Rights Initiative. This human rights organization is registered both under the Nigerian Law and in the United Nations as a legal entity. It has been granted the ECOSOC status in the United Nations with three seats in the UN Headquarters in New York, Geneva and Vienna. This is the organization that champions the Biafran liberation struggle by the rule of law and diplomacy. The human rights organization is different from the people it represents just as an attorney or agent is different from his principal. It is different from the Customary Government of Indigenous People of Biafra and cannot take over the government of the people otherwise its acts would be ultra vires.

7. Respect of and Obedience to the Nigerian Law:
7.1 As Nigerians, we are bound to obey the Nigerian law. It is expedient to emphasise on the reasons for the establishment of the Customary Government of Indigenous People of Biafra which is the de facto government of the Biafrans until they gain their independence. The Rule of Law abhors anarchy, breach of peace, breach of public order and propensity to lawlessness. For this reason and in obedience to the Nigerian Customary Law the Elders of Biafraland rose up to gather their children together and guide them in their struggle for independence to avoid anarchy, lawlessness and bloodshed. By our Customary Law, it is the duty of the Elders of the land to gather their children together and guide them appropriately. The Biafrans are
no longer like sheep without a shepherd. If Nigeria breaks up today as predicted by the American experts, it is the Customary Government of Indigenous People of Biafra headed by the Supreme Council of Elders that will gather the people together.

7.2 By the jurisprudence of Section 315 of the Nigerian Constitution which recognises the validity of the Sharia law and Customary law as existing laws in force before Nigeria and its Constitution were created, if the country should disintegrate by an act of God, there would not be any more legislative houses to make laws but only the Sharia laws and Customary laws of the people would survive. The Northerners are wiser to have elevated their Sharia Government into statutory government by passing the Sharia Bill into law in the Northern States’ Houses of Assembly. The legal implication is that the Sharia Government in the North, having been given statutory existence by the State law, has become a State organ that should be financed by the State. They have therefore established their Sharia Police and other Sharia Government organs to enforce the Sharia law in the North. This is a wonderful legislative engineering performed by the Northern politicians and I commend them for their foresight.

7.3 The Customary Government of Indigenous People of Biafra is not fortunate to have intelligent politicians to pass their Bills into law in their States’ Houses of Assembly. It appears that their politicians are afraid to talk about their indigenous identity as Biafrans. At the moment therefore, the Indigenous People of Biafra under the Supreme Council of Elders are pursuing their organizational goals by self-help efforts. We advise all the Indigenous People of Biafra to support and obey the Supreme Council of Elders. It is unfortunate that Nnamdi Kanu, who was in charge of their Radio Station called Radio Biafra, instead of promoting the Supreme Council of Elders, suddenly became stubborn, disrespectful, incorrigible, recalcitrant and abusive to the Elders and Dignitaries of the land for which reasons the Elders ostracised him after several efforts to correct him had failed. The Elders rightly invoked their powers under Customary Law and disciplined their erring child to instil discipline in him.

8. The Structure to hold the Biafrans Together in times of Crisis- The Customary Government of Indigenous People of Biafra

8.1 There is palpable fear that anything may happen at any time to cause the disintegration of Nigeria without the fault of anybody. In such a situation, we call it an act of God. The prediction by the American experts that Nigeria would disintegrate within 15 years from 2005 has not yet failed. Many people thought that the Americans gave the year 2015 in their prediction but that is a wrong interpretation. In their Report in 2005 they predicted the fall of Nigeria in 15 years’ time. As an expert in the science of estimation, I know that there is always an acceptable margin of error in forecasting. Sometimes, it can be plus or minus 5%; or plus or minus 10%; the lower the margin of error the higher the accuracy of the estimation and closer to the line of best fit if measured by the use of standard deviation. In effect, the American experts’ prediction of the fall of Nigeria has not yet failed.

8.2 It is our duty to prepare the people for anything that may happen in the future. I have said it in my previous statements that our mission is to set the Biafrans free from Nigeria but not to destroy Nigeria. I gave examples of many nations that gained independence in the past without destroying their host countries. From Biblical history, Israel came out from Egypt without destroying Egypt. In modern times, Eritrea came out from Ethiopia without destroying Ethiopia. Bangladesh and Pakistan came out from India without destroying India. South Sudan came out from Sudan in 2011 without destroying Sudan. Why do people think that Nigeria would not survive if the Biafrans should go and establish their own country?
8.3 I want to allay the fears of the owners of Nigeria that their country would survive if they let us go and build our own country as the Egyptians allowed the Israelites to go. The foreigners who have invested in Biafraland will remain the owners of their investments. We shall remain friendly neighbours as the Israelis and the Egyptians are today, as the Pakistanis, Bangladeshis and Indians are today. The Nigerians will not need visas to come to Biafra and the Biafrans will not need visas to go to Nigeria because both nations are under the ECOWAS Treaty. Moreover, any Nigerian who wants to maintain dual citizenship is free to apply to become a Biafran citizen if he meets the requirements under the Immigration Law. Also any Biafran who wants to maintain dual citizenship can retain his Nigerian citizenship just as many Nigerians today are British and American citizens. Why are the people afraid? They are afraid because they lack knowledge of the law. The Bible says that the people perish for lack of knowledge, Hosea 4:6.

8.4 It is in preparation for the unknown that the Customary Government of Indigenous People of Biafra has been established as a de facto government structure that can hold the people together in times of crisis. It is not Ohaneze Ndigbo. Its jurisdiction covers all the Indigenous People of Biafra living in the three contiguous regions of the South East, parts of the South-South and parts of the Middle Belt of Nigeria. Ohaneze Ndigbo is only for the Igbo Nation but the Customary Government of Indigenous People of Biafra headed by the Supreme Council of Elders is for the entire Biafraland. The composition of the Supreme Council of Elders must therefore be representative of the entire Biafraland. It is not an Igbo affair. All the officers of the Customary Government of Indigenous People of Biafra are hereby advised to commence effective mobilization and communication to gather the people together under the Supreme Council of Elders. It is the duty of the elders of the land to put their house in order. Let us do it now before it is too late. I hereby authorise the Media Department of the Customary Government of Indigenous People of Biafra to publish this message in booklets and distribute it to the whole world where the Biafrans are found.

Signed:

Emeka Emekesri, Esq.
Solicitor for Indigenous People of Biafra
BIAFRA BY POWER OF LAW & DIPLOMACY BIAFRA BY POWER OF LAW & DIPLOMACY Reviewed by Odogwu Emeka Odogwu on Tuesday, January 24, 2017 Rating: 5

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