Biafra versus Nigeria: Court to sit 30th May over ‘jurisdiction’

Read below official statement issued by the Indigenous People of Biafra, being report from the Federal High Court Owerri: Hearing On 03 May 2016:

We write to inform you that the case between Biafra and Nigeria in the Federal High Court Owerri was called up for preliminary hearing on 03 May 2013. 

A new Judge has been appointed for the Federal High Court Owerri. 

He is the Honourable Justice Alagoa who now replaces the Honourable Justice Shuaibu. 

The case started de novo and the new Judge made an Order giving directions for the trial of the case.

By about 10:45am, the Clerk of Court announced that His Lordship was about to enter the Court and hear the cases listed for the day. 

The whole Court arose as the Honourable Justice Alagoa entered and took his seat. 

He went straight to deliver a judgement on the first matter on the Cause List. 

Thereafter the case between Biafra and Nigeria was called out by the Clerk of Court.

The Biafrans attended the Court en masse with their lawyers. 

The Biafran Legal Team was represented by Barrister Ohaeto Uwazie who rose up and introduced himself as representing Indigenous People of Biafra. 

The Judge took him up on his introduction and said it was not possible for him to represent Indigenous People of Biafra because Biafra does not exist in the eyes of law. 

Barrister Uwazie quickly understood the Judge’s argument and corrected his introductory statement by saying that he was holding the brief of Barrister Emeka, the Counsel for the Claimants.

He, it was, who sued in a representative capacity by the Incorporated Trustees of Bilie Human Rights Initiative.

That was settled. 

The Nigerian lawyers were not in attendance as they had probably thought that the Court would not sit because of the Public Holiday on the previous day. 

The Judge ordered that a Hearing Notice should be served on the Defendants, the Federal Republic of Nigeria, the Attorney-General of the Federation and their lawyers, for the next adjourned date. 

Before adjourning the case, the Judge made some observations on the case and gave directions for the trial.

His Lordship stated that he had gone through the case file and studied all the legal arguments and submissions made by the lawyers on both sides. 

He said that the case is very sensitive and might end up in the International Court of Justice and therefore he would be very careful in handling it. 

He made an order directing the two lawyers for both parties to file their written arguments within 14 days and come to the Court on 30th May 2016 to address the Court.

Court sitting will be on the issue of jurisdiction regarding the appropriate venue for the trial of the case:

Whether the case should be tried in Abuja where the Defendants live or in Owerri where the Claimants live. 

In the eyes  of law, the Claimants are the Incorporated Trustees of Bilie Human Rights Initiative representing Indigenous People of Biafra whose Office is at Owerri. 

If the law says that the proper venue is Abuja, it means that  the Judge of the Federal High Court Owerri does not have jurisdiction to try the case but must transfer the case to the Abuja Federal High Court. 

On the other hand, if the law says that the proper venue is Owerri where the Claimants live, then the Judge will have the jurisdiction to try the case in the Federal High Court Owerri. 

The two lawyers on both sides were ordered to appear in Court on 30th May 2016 to argue on the issue of jurisdiction regarding the proper venue for the hearing of the case. 

This is the report of the hearing of the Biafra v Nigeria case at the Federal High Court Owerri on 03 May 2016.

APPEAL FOR HELP:

We have been carrying on with this case for many years with our personal funds. 

It has become extremely difficult to continue the case without help. 

The attacks from Radio Biafra which made negative propaganda broadcasts against us that the Legal Method of achieving self-determination was a fraud turned the people away from us. 

From the beginning of this case until now, only one person has been paying the Court fees but we shall not disclose his name. 

A few other people have helped with the logistics such as transport expenses and accommodation for our lead attorney a few times. 

The case has cost millions of naira and thousands of pounds. If you want to help us, please reply to this email and indicate your willingness to help. 

Preparation for the ICJ:

The International Court of Justice in The Hague is where Cameroon defeated Nigeria over Bakassi. 

The Court has both advisory and adjudicatory jurisdiction. 

We have already applied to the ICJ for its Advisory Opinion. 

For this reason, we have applied to the Federal High Court Owerri for the certified true copy of the record of proceedings from 2012 to the present day. 

One Biafran pastor-activist who was touched in his heart helped us to pay the administrative expenses to obtain the record of proceedings. 

We have paid the fees to the Court and the Court has graciously provided us with the certified true copy of the record of proceedings from 2012 to the present day. 

Taking the hint from the present Judge who said that this case might end up in the ICJ, we must get ready now. 

This case is very hot. 

It is based on both the Nigerian Law and International Law. 

Our Solicitor has already addressed the issue of self-determination by the rule of law where the law of a country makes a clear provision guaranteeing the rights of indigenous peoples to self-determination. 

In our own case, the Nigerian law provides that the right to self-determination is inalienable and non-negotiable. 

In his opinion, it is not debatable or subject to votes because the Nigerian law has said that the right to self-determination is inalienable. 

The Defendants know very well that they cannot withstand us in legal battle. 

We repeat our call for help: 

If you want to help us, please reply to this email and indicate your willingness to help.

Signed:

Bilie Human Rights Initiative

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