QUEST FOR BIAFRA: Group goes to court, sues Gowon, Obasanjo

A South-East group, Customary Government of the Indigenous People of Biafra (CG-IPOB) has gone to court over the quest for an independent state of Biafra.

The group, which brought the matter before a Federal High Court sitting in Enugu on Wednesday, also asked the court to prosecute former Heads of State General Yakubu Gowon (retd), former President Olusegun Obasanjo and Attorney-General of the Federation.

In suit Number, FHC/EN/CS/103/2019, slated to come up on October 2, 2019, CG-IPOB asked the court to decide on issues relating to self-determination, regional autonomy, and roles the respondents played during the civil war, and referendum among other things.

The group also asked the court to determine issues bordering on the enforcement of rights of ‘Biafrans’ in their lawful pursuit for self-determination, referendum and right to establish an autonomous Biafran State within the Nigerian State as practised by the Scots in the United Kingdom.

CG-IPOB, led by Anambra-based lawyer, Emeka Adolf Emekesiri, in its ex parte application, sought the leave of the court and jurisdiction to commence a suit against the defendants who were ex-Head of State, President of Nigeria and Attorney General and Minister of Justice of Nigeria.

In an originating summons, the plaintiff is praying the court to determine whether the instruction given to members of the claimant by President Muhammadu Buhari, on March 5, 2016, on Al Jazeera Television that it should organize themselves and vote to have a State within a State which the group said it had accepted and complied with by organizing themselves, had created an obligation on the defendants from which the defendants could no longer withdraw.

The group also asked the court to determine whether by the instruction of the defendants which the members CG-IPOB had accepted and complied with as aforesaid, now had the right to conduct their referendum and vote to have its state of Biafra as a self-governing autonomous region within the Nigerian State, just like Scotland governs itself within the United Kingdom of Great Britain.

“Whether, notwithstanding and in the absence of any directions, instructions, promises or offers from the defendants, the applicants have the legal and inalienable right to self-determination pursuant to Articles 19 – 25 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria 2004 (Cap 10 LFN 1990).

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“Whether it is an offence and unlawful contrary to any provisions of the Constitution of the Federal Republic of Nigeria 1999 or of any other law whatsoever for the remnants of the Biafrans who survived the war with their descendants to identify themselves as Biafrans by indigenous identity, and display their native flags and emblems and Biafran trademarks on their properties and products as they do now whilst remaining loyal to the Government of the Federal Republic of Nigeria as Nigerian citizens.

“Whether it is lawful for the Defendants to harass, molest, arrest and detain the applicants for identifying themselves as Biafrans with their native emblems.”

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