BIAFRA v NIGERIA CASE: REPORT OF THE COURT HEARING ON 2ND DECEMBER 2013 BETWEEN BIAFRA AND NIGERIA IN THE FEDERAL HIGH COURT OWERRI NIGERIA Summary: COURT STRIKES OUT NIGERIA’S DEFENCE SUIT NO. FHC/OW/CS/114/2013: Incorp Trustees of Bilie Human Rights Initiative representing Indigenous People of Biafra v. Federal Government of Nigeria and Attorney General of the Federation: The case between the Indigenous People of Biafra as represented by Bilie Human Rights Initiative and the Federal Republic of Nigeria and the Attorney General of the Federation came up for further mention today 2nd December 2013 in the Federal High Court Owerri Nigeria. As early as 7.30 am, many Biafrans had started trooping to the Court premises from different parts of the Country. By 9.00am, there was no more space in the Court premises as the Court hall was filled to capacity and spilling over. The leaders and coordinators of Bilie Human Rights Initiative ensured orderliness in the court premises and helped the Police to control the crowd. They planned the sitting arrangement and ensured that seats were reserved for the members of the Supreme Council of Elders of Indigenous People of Biafra. The crowd was too much. About three quarters of the members of the Supreme Council of Elders of Indigenous People of Biafra were in Court. Some of the Indigenous People of Biafra and the Nigerians who could not find any available space in the Court premises stayed outside the gate waiting for news. The Presiding Judge, the Honourable Justice S. M. Shuaibu, entered the Court Room by 10.00am and took a bow before sitting down as the court stood up and bowed in reciprocity. He then called for appearances. The Biafran lawyers announced their appearance for the Claimants. There were four lawyers in the Biafran Legal Team consisting of Chief Barr. Sylvester Debe Odumegwu Ojukwu, Barr. Emeka Adolf Chigozie Emekesri (Lead Counsel), Barr. Ibe G. Nwachukwunta and Barr. Ohaeto O. Uwazie. Chief Debe Odumegwu Ojukwu rose up and introduced the Biafran Legal Team. The Federal Government of Nigeria and the Attorney General of the Federation were represented by the Deputy Director of Federal Ministry of Justice, Barr. Silas D. U. Amon who announced that he came alone. However, another Lawyer who was sent from Ivana Chambers, Barr. I. A. Achonye, holding the brief of Dr. Fabian Ajogwu, SAN, FCIArb, of Kenna Chambers, the new Law Firm retained by the defendants, had also put down his name in the Lawyer’s Cause List as the legal representative for the Defendants. The irregularity of this type of appearance by the lawyers representing Nigeria was not noticed by many people until later. The Judge then called on the Claimants’ lawyers to address the Court. Chief Debe Odumegwu Ojukwu stood up and informed the Court that the Biafran Legal Team had taken a decision on the conduct of the matter for the day and had taken a stand on the issues. He spoke briefly and then called on their Lead Counsel, Barr. Emeka, to address the Court on behalf of the Claimants. Though the case was listed for further mention which would have lasted for a few minutes in the ordinary course of litigation procedure, the events that unfolded later turned the business of the day into a sort of preliminary hearing that kept the Court for nearly two hours. When Barr. Emeka began to address the Court, he delved into an area that the Defendants had never thought of. He informed the Court that although the matter was listed for further mention, he had observed some fundamental errors in the documents filed by the Defendants which would make the Defendants incompetent to appear before the Judge. He said that the Defendants had filed in Court and served on the Claimants what looked like a Memorandum of Appearance together with a Motion on Notice, Counter Affidavit, Preliminary Objection and Written Address opposing the Claimants’ Originating Summons and purporting to enter appearance surreptitiously through the back door without complying with the rules of court. The Judge was at a rapt attention listening with curiosity to understand where the Biafran Lead Counsel was going. Barr. Emeka drew his attention to Order 7 Rule 3 of the Federal High Court (Civil Procedure) Rules 2009 and the current Practice Directions thereto. The facts unfolded that the Originating Summons was served by the Court on the Defendants on 11 Oct 2013 giving Nigeria 30 days to enter appearance. The Court sat on 25 Oct 2013 and the Defendants did not appear even though they had received the Summons two weeks earlier. The time limited for their appearance expired on 11 Nov 2013 and the Defendants filed their Memorandum of Appearance with their Motion on Notice and all other processes on 22 Nov 2013, being late by 11 days. Barr. Emeka cited the Rules of Court and the Current Practice Directions that where a defendant failed to file his Memorandum of Appearance within the time required by the rules, he would be liable to pay N1000.00 every day to the Court for each day of the default otherwise he would not be competent to appear in court and would not have the right of audience before the Judge. He further cited the Rules of Court and emphasized that a Defendant who was out of time should apply for an extension of time within which to file and serve his Defence and not to enter appearance surreptitiously through the back door. In his submission which the Judge agreed with, Barr Emeka said the Defendants had failed to pay N11,000.00 being the penalty for 11 days of default and also failed to apply for an extension of time. He argued that since the Defendants had not made any application for an extension of time, the Court had no power to exercise discretion in their favour to allow them to enter appearance and file their documents out of time. He described the Defendants as coming surreptitiously through the back door while the gate to the temple of justice was wide open enough to accommodate them if they had come in properly in obedience to the rule of law. The Biafran Lawyer therefore applied to the Court that all the processes filed by the Nigerian Lawyers in defence of the Federal Republic of Nigeria should be struck out because in the eyes of the law, Nigeria had not appeared in Court and had not filed a Defence. He emphasized that the Defendants had wasted the Claimants’ time and resources as well as the time and resources of the Court and therefore should be ordered to pay costs to the Claimants. The Judge then turned to the Nigerian Lawyers and gave them an opportunity to make a reply to what the Biafran Lawyers had said. Barr. Silas D. U. Amon, Deputy Director of the Federal Ministry of Justice, rose up and rejected the argument of the Biafran Lawyers, insisting that they should be allowed to enter appearance. The Judge asked him to explain the basis of his argument but he did not explain to the satisfaction of the Judge but was saying that the Defendants should not be ordered to pay costs. The Judge hinted him that Barr. Emeka had applied that the Defence filed by the Federal Republic of Nigeria should be struck out. Should the Nigerian Lawyers be concerned about the issue of costs or the issue of preserving their Defence? He asked whether it was true that the Defendants were served with the Originating Summons on 11 Oct 2013 but they entered appearance on 22 Nov 2013 being late by 11 days without applying for an extension of time and without paying the penalty. Barr. Amon said he was not in a position to confirm when the Federal Republic of Nigeria was served with the Originating Summons but would have to go back to his superior officers in the Office of the Attorney General to obtain the information. His answer stirred up more questions from the Judge: Since you are the Lawyer from the Federal Ministry of Justice having the conduct of this case for the Defendants, do you not have the case file with you to know when you were served and when you entered appearance? Do you have the case file with you? Barr. Amon said no and explained that his boss instructed him by a text message to come to the Court and represent the Defendants. He said he had no documents with him at all. The Judge went on and said that from the records before him, it was Dr Fabian Ajogwu SAN of the Law Firm of Kenna Chambers in Lagos who filed the Defence for the Federal Republic of Nigeria. He asked the lawyers seated in Court whether any of them came from the Law Firm of Dr Fabian Ajogwu SAN. One lawyer called Barr. I. A. Achonye from IVANA Chambers in Owerri rose up and said he was instructed on telephone by Dr Ajogwu SAN to hold brief for him. The Judge asked whether he had the case file and he said no and went on to explain that when he came to the Court that morning and tried to put his name on the list for the Defendants, the Deputy Director of the Federal Ministry of Justice had asked him to produce a written authority that he was instructed to represent the Defendants. At this juncture, the Judge became very angry with the Defendants’ lawyers and asked the Deputy Director of the Federal Ministry of Justice whether he did not know that the Attorney General of the Federation had firmed out the case to a private Law Firm to defend the Federal Republic of Nigeria. Barr. Amon said he was not aware because it was only the previous night that his boss in the Federal Ministry of Justice instructed him by a text message to appear in Court to represent the Defendants. He said he had not seen the documents filed in court apart from what he had gleaned from the case file shown to him by the Biafran Lawyer sitting by his side. (Barr. Amon can be seen in the photograph sitting beside Barr Emeka flipping through the case file shown to him by the Biafran lawyer). The Judge said it was an internal problem which the Defendants created for themselves. The Judge turned to the Biafran Lawyer for his reply on point of law. Barr. Emeka referred to the introduction made by Barr. Amon when he announced himself as the DEPUTY DIRECTOR OF THE FEDERAL MINISTRY OF JUSTICE. He said that although Barr Amon had announced that he was alone, by law it was actually the whole FEDERAL MINISTRY OF JUSTICE that was in Court defending the Federal Republic of Nigeria and therefore everything Barr Amon had said was said by the FEDERAL MINISTRY OF JUSTICE. He emphasized that the office of the DEPUTY DIRECTOR OF THE FEDERAL MINISTRY OF JUSTICE was a very big post involved in management decisions for the Federal Republic of Nigeria regarding the case between Biafra and Nigeria and therefore the Deputy Director should not feign ignorance of the facts of the case. Barr. Emeka prayed the Court to strike out the Nigeria’s defence with costs for being incompetent. The Judge hinted him that the matter was only for mention but Barr Emeka argued that the unlawful appearance and filing of unlawful defence surreptitiously by the Defendants without the leave of court had raised a serious issue that engaged the lawyers in a protracted legal argument and therefore costs should be awarded against Nigeria because they had wasted the Claimants’ time and resources. In his RULING, the Judge considered the arguments from both sides. He agreed with the Biafran Lawyers that the Defendants had entered appearance unlawfully and filed their defence unlawfully without the leave of the Court thereby taking the Court for granted. The Judge emphasized that he was an unbiased Judge without interest in the matter and would administer justice according to the law. He therefore accepted the submissions of the Biafran Lead Counsel and ruled that the memorandum of appearance, counter affidavit, defence, preliminary objection, motion on notice, written addresses and all other documents filed by the Defendants in the court be struck out. The Judge did not grant Barr. Emeka’s prayer for costs. He then asked the Clerk of Court to give the Claimants’ Lawyers an available date in February 2014 for hearing when they would come and prove their case. Consequently, the case was adjourned to 24th February 2014 for hearing. The Biafran Lead Counsel rose up and expressed his gratitude to the Court on behalf of the Claimants. He then informed the Judge that there was a retired Chief Judge and senior member of the Bench who was seated in the audience and who would like to express his warmest regards to the Judge. The Judge gave him permission. Barr. Emeka therefore introduced the Chairman of the Supreme Council of Elders of Indigenous People of Biafra, His Royal Majesty, His Lordship, The Honourable Justice Eze Ozobu. The retired Chief Judge and Leader of the Biafrans stood up and the Presiding Judge of the Federal High Court also stood up. It was a fun to observe the two Judges as they stood up and bowed to each other, each calling the other “My Lord”. The Biafrans streamed out gently from the Court premises rejoicing that they had won another round. They gathered under a tree outside the Court premises where HRM, The Honourable Justice Eze Ozobu, addressed them. He advised them to be strong and courageous in the battle to exercise their right to self determination and free themselves from Nigeria. He showered praises to his Deputy Chairman, Dr Dozie Ikedife and all the members of the Supreme Council of Elders and the leaders of the human rights organization, Bilie Human Rights Initiative, for all their efforts in advocating for the rights of indigenous people of Biafra under the law. He instructed the Biafrans to listen to his Deputy Chairman, Dr. Dozie Ikedife and the Council members, who would be doing most of the work on his behalf. He assured them that the members of the Supreme Council of Elders were men of high integrity and impeccable character who would never disappoint the Indigenous People of Biafra in their quest for self determination. He assured them that the Elders of Biafraland had come out for the struggle to emancipate Biafraland by the rule of law and were fully behind the case between Biafra and Nigeria in the Federal High Court Owerri. He informed them that the Supreme Council of Elders would have a meeting and give further directions concerning the Biafran Struggle for Self Determination. He then took permission to go back to Enugu to attend to some urgent matters in The PALACE. Dr Dozie Ikedife, Ikenga Nnewi, took over to address the Biafrans as His Lordship and His Royal Majesty was ushered into his car and left for Enugu. Dr Ikedife emphasized that the battle now between Biafra and Nigeria was no longer the battle with arms and ammunition but the battle of the brains using the law. He said that most of the members of the Supreme Council of Elders were in their 80s and 90s and had no other interests in life except to deliver the children of Biafraland from their oppression and persecution in Nigeria as they could no longer tolerate the life akin to a life of modern slavery. He said that it was possible that some of the Elders including himself might be dead by the time the Biafrans gained their independence but they would be happy in their graves that their children had been set free from their bondage. Upon hearing this, the Biafrans were touched in their hearts and shouted God forbid that their Elders would die without seeing the Biafra Nation! As almost all the Biafrans in the crowd were Christians, some of them started making prophetic pronouncements by faith that their elders would never die but live to see the Biafra Nation restored in their life time. Dr Ikedife then announced that the Annual General Meeting and the Human Rights Conference for Indigenous People of Biafra organized by Bilie Human Rights Initiative would take off on the 14th day of December 2013 at Owerri. He said the Supreme Council of Elders would hold a Meeting that same day after leaving the Court premises and their decisions would be communicated to all indigenous people of Biafra in all parts of the world. He thereafter blessed the people and asked them to go home in peace and prepare for the AGM and Human Rights Conference for Indigenous People of Biafra as many eminent intellectuals and professors of Biafraland would deliver interesting lectures. The people departed with joy, faith and hope that someday they would be free from their bondage in Nigeria and regain their freedom in Biafraland. We confirm that this is a fair and accurate report of what happened in Court on 2nd December 2013 in the case between Indigenous People of Biafra and Nigeria in the Federal High Court Owerri, Imo State, Nigeria, and the events that followed thereafter outside the Court premises. Please take notice that the Imo State Town Planning Authority has carried out a renumbering of the streets in Owerri and the Office of Indigenous People of Biafra which was formerly numbered as 90 Wetheral Road Owerri is now numbered as 92 Wetheral Road, Owerri, Imo State. Signed: Admin Secretary, Office of Indigenous People of Biafra 92 Wetheral Road, Owerri, Imo State
Posted on: Wed, 04 Dec 2013 06:45:25 +0000
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