We act as the Solicitors for Indigenous People of Biafra as represented by Bilie Human Rights Initiative in Suit No FHC/OW/CS/192/2013 between Biafra and Nigeria in the Federal High Court Owerri in which the Claimants brought a human rights action by way of originating summons seeking to exercise their right to self-determination. We write to inform our clients that the Defendants have replied to the Claimants’ Motion on Notice which was filed for an Injunction against the Federal Republic of Nigeria and the Attorney-General of the Federation.

In the course of these proceedings, our clients informed us that some Policemen from the Imo State Police Headquarters, State CID (Criminal Investigation Department), came into the Office of Indigenous People of Biafra at 92 Wetheral Road Owerri and arrested Engr Innocent Amadi (the President of Bilie Human Rights Initiative) and Elder Eddy Anyanwu (the Secretary) who represent the Claimants in Court and carted away their books, signboard, case-files, office accessories, etc. These men were detained by the Police until very close to midnight before they were released unconditionally. We were informed that the Police had thought that the two officers of our clients were among those preaching violence and ethnic hatred in the name of Biafra but upon finding that they arrested the wrong persons by mistake, the Police released our clients. However, our clients informed us that the Police have not returned the items which were carted away from their office.

Our clients were embarrassed and humiliated even though the Police had realised their mistake. The Claimants resolved that such a mistake, if indeed it was a mistake, should not happen again. Consequently, our clients instructed us to file a Motion on Notice for an Injunction against the Federal Republic of Nigeria and the Attorney-General of the Federation seeking for the following Orders:

1. An Order of Injunction restraining the Defendants and their agents, servants and privies from further arresting, detaining, harassing, intimidating, and or howsoever disturbing the Claimants until the final determination of this case;

2. An Order of Injunction compelling the Defendants to return to the Claimants all the properties of the Claimants including case files, books, certificates, folders, letters, documents, signboard and all Office equipment and accessories carted away and seized by the Defendant’s police officers from the Claimants’ Office on 6th November 2015;

We hereby inform our clients that the Defendants have replied to the Claimants’ Motion on Notice and denied every allegation of sending their Policemen to arrest the Claimants’ officers from the Office of Indigenous People of Biafra at 92 Wetheral Road Owerri. In a nutshell, they said that they did not send any Policeman to arrest the Claimants. The Defendants made their reply and denial by a Counter Affidavit dated 15th Jan 2015 served by their Solicitors, Prof Yemi Akinseye-George SAN & Partners, on the Claimants’ Solicitors, Mekadolf Chambers.

We cannot comment on the merits of the Motion on Notice and the Counter Affidavit because the matter is subjudice. We can only inform our clients that the Defendants have replied and denied the allegation that they sent their Policemen to the Office of Indigenous People of Biafra at 92 Wetheral Road Owerri and arrested the Claimants’ officers. It is the duty of the Judge to decide who is telling the truth. Nobody has the right to comment on the merits of an issue that is pending in Court until the Court decides it. As both parties have joined issues on the Motion on Notice, their lawyers will present their legal arguments on the next adjourned date being 30th March 2016.

In the meantime, we advise all Indigenous People of Biafra to submit to and obey the Customary Government of Indigenous People of Biafra headed by the Supreme Council of Elders. As we have said before, we emphasise again that the Customary Government of Indigenous People of Biafra is a legitimate government under the Nigerian Legal System in accordance with the rules of International law and customary practice. Though it is not sovereign, the customary governance provides an internal command structure for a nation-in-waiting. Biafra is a nation-in-waiting like a child conceived in the womb which must be nurtured to maturity and be delivered at the due date without miscarriage. By the rules of the modern international law, the UN and the international community can only recognise a new nation that emerges by due process of law.

Emeka Emekesri, Esq.
Mekadolf Chambers
Solicitor for Indigenous People of Biafra