From: The Biafran Legal Team To: All Indigenous People of Biafra We are pleased to bring to you the comprehensive report of the on-going case between the Indigenous People of Biafra and the Federal Government of Nigeria in the Federal High Court, Owerri, Imo State. We have noticed that there has not been a professional report on the RULING delivered by the Court on 25 June 2013. For this reason, we have deemed it necessary to make this report and educate all people interested in the case to avoid misinformation on the matter. The matter was listed for RULING on the Motion filed by the Federal Government of Nigeria and the Attorney-General as defendants praying the Court to strike out the suit because the words, "incorporated trustees of" were omitted from the name of Bilie Human Rights Initiative, the human rights organization representing the Indigenous People of Biafra, and to set aside the Court Order made on 16 Jan 2013 amending the name. The Legal Team for the Biafrans on the 25th June 2013 consisted of the following lawyers as shown in the photographs attached herewith (from Right to Left): Barr. I. G. Nwachukwunta, Barr. Emeka A. C. Emeka (Lead Counsel), Barr. O. O. Uwazie and Barr. C. O. Emenalo. The Nigerian lawyers sent a letter dated in April complaining of sickness which the Judge rejected. We recall that on the day when the Motion was heard, the Nigerian Lawyer, Barr. Sola Abeleje from the Law Firm of Prof Akinseye George SAN & Partners had argued that the omission of the words had made the suit incompetent and therefore liable to be set aside instead of being amended by the Court Order. The Biafran Lawyer, Barr. Emeka (whose full name is Emeka Adolf Chigozie Emekesri), had argued that omission of words in the name of an existing legal entity was a mere technicality known as a misnomer in law which should be amended as it could not defeat the course of justice because it had no adverse effect on the main issues in dispute before the Court. He had further argued that the main issue before the Court was the interpretation of the provisions of the law on self-determination which had nothing to do with the omission of words from the name of Bilie Human Rights Initiative. He therefore submitted that the Order of the Court made on 16 Jan 2013 amending the name was valid and should not be set aside. In his RULING on 25 June 2013, the Judge agreed with Barr. Emeka that the Court Order made on 16 Jan 2013 amending the name was valid and should not be set aside. However, the Judge went further and held that the amendment made on the title of the suit by adding the omitted words, "incorporated trustees of" was not made in the body of the Summons where the name of Bilie Human Rights Initiative was mentioned. For this reason, the Judge struck out the case. The Biafran Lead Counsel rose up and thanked the Judge for giving audience to the Biafrans despite the unfavourable RULING on the Motion. The Biafrans showed an excellent behaviour and maturity as they comported themselves in the most decent and orderly manner and followed their Lawyers out of the Court to be addressed by their Leaders. The Leaders of the Biafrans in attendance included the Chairman of the Council of Elders of Indigenous People of Biafra, His Royal Majesty, the Honourable Justice Eze Ozobu (rtd), the Deputy Chairman, Dr. Dozie Ikedife; His Royal Highness, Igwe Nnachetam; His Royal Highness, Igwe Anichebe; His Royal Highness, Igwe Uyanna; Major Egbule (rtd), Col. Onah (rtd), and other members of the Council of Elders of Biafraland. The Biafrans were addressed by their Leaders and given ample opportunity to ask questions. They wanted to know what their next step would be. Barr. Emeka explained that where a High Court made an Order striking out a case, the party affected adversely by the Order should make the necessary amendments to reinstate and continue the case in the same Court but if the Court made an Order dismissing the case, the affected party would appeal to the Court of Appeal. He said that in this case therefore, the best option for the Biafrans was to amend the omitted words and continue the case in the same Federal High Court Owerri because the main issues in dispute had not been decided by the Court. The issue of jurisdiction raised by the Federal Government of Nigeria and the Attorney-General in their Preliminary Objection challenging the power of the Court to hear the matter has not been addressed by the lawyers on both sides. The Chairman of the Council of Elders of Indigenous People of Biafra, HRM, the Honourable Justice Eze Ozobu and the Deputy Chairman, Dr. Dozie Ikedife, addressed the Biafrans and gave instructions and directives regarding the Biafran struggle for independence, emphasizing that the rule of law must prevail. They encouraged the Biafrans and advised them to be strong and courageous with unflinching resolve to pursue their case to the highest court in this world. In their own words, “the case has just begun!” Dr. Ikedife requested their Lawyer to read out the message which the Council of Elders delivered to the Biafrans all over the world from the Radio Biafra Studio in London when he (Dr. Ikedife) traveled to the United Kingdom to meet with the Biafrans. Barr. Emeka read out the message and advised the Biafrans to collect copies from their Office. The message emphasized that the Council of Elders is the Government of Indigenous People of Biafra under Customary Law as provided for by the Constitution of the Federal Republic of Nigeria 1999 making it mandatory for the people to be under a legally constituted authority. The Biafrans were advised on the difference between nationality and indigenous identity of a people. They are Nigerians by nationality but Biafrans by indigenous identity. Their lawyer advised them to be bold in declaring their indigenous identity as Biafrans, putting on their native emblems and insignias, yet remaining under the sovereignty of Nigeria until they gained independence. The Council instructed and directed that all people agitating for the independence of Biafra must be under the guidance and protection of the Council of Elders of Indigenous People of Biafra. It was therefore emphasized that any group of people agitating for independence of Biafra without the authorization of the Council of Elders is illegal and does not speak for the Biafrans. The Council of Elders granted interviews to some members of the Press who attended the Court that morning. As the members of the Council of Elders drove away, the Biafrans went to their Office at 90 Wetheral Road Owerri to finalize their meeting. The Biafran Legal Team went to work immediately afterwards. They had many options. They could apply by way of Motion to reinstate the case in court or file the case afresh in the same Court without bringing a Motion since the case had not yet started. They decided on the second option. Therefore, on 1st July 2013, the Biafran lawyers filed the case again in the same Federal High Court Owerri. Now the case continues. The hearing date will be announced as soon as the date is fixed. We can confirm that the first stage of this matter has helped to bring the Biafrans together under one legitimate government headed by their Council of Elders in Biafraland. Every Biafran is advised to be subject to the authority of the Government of Indigenous People of Biafra under the leadership of His Royal Majesty, The Honourable Justice Eze Ozobu, The Deputy Chairman, Dr. Dozie Ikedife and other members of the Council. The Biafran Struggle for Independence has gone to a higher level. It is now under the guidance and protection of the Elders of Biafraland pursuant to our customary law. For the first time since after the war, the remnants of the Biafrans who were not consumed in the war can now boldly walk on the streets and declare their indigenous identity as Biafrans even though they are still Nigerian citizens until they gain independence. We advise all the indigenous people of Biafra to remain loyal to the Council of Elders as this is a test in international law to know whether they can govern themselves. If you do not obey the Government of Indigenous People of Biafra headed by the Council of Elders, the United Nations will never believe that the Biafrans can govern themselves as a sovereign nation. This is your opportunity to prove to the whole world that you can govern yourselves as Biafrans. Yours sincerely, C. Ugoji Practice Manager Mekadolf Chambers
Posted on: Wed, 10 Jul 2013 14:38:55 +0000
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