This is Time for Action; Not for
Speeches and Long Narratives. 2017 is the decisive Year. Emekesiri proceeds to
The Hague, Nnadi kickstarts Referendum for Us. Where do we go from there?
SUNDAY, THE 31ST JULY 2016, BVI
GERMANY BRINGS YOU LIVE DEBATE BETWEEN THE LEGAL DUO OF OUR TIME. AT 7PM BIAFRA
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WHICH IS MORE CERTAIN FOR US, COURT
PROCESS OR REFER? LISTEN TO EMEKA EMEKESIRI AND TONY NNADI DIG IT OUT.
WHICHEVER WAY, IT IS DESTINATION BIAFRA/LOWER NIGER REPUBLIC
WHAT STRUCTURES ARE ON GROUND. WHAT
ROLE DO WE PLAY.
CONTRIBUTING
Dr. Emma Okafor ... ... ... ...
Thailand
Dr. Chukwuma Egemba. .. ... London
Dr. Clifford Iroanya. .. ... ... ...
United States
Engineer Tony Aniebue. ... Admin.
Customary G.
Engineer Steve Ikpa ... ...
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NY
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London
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Ndubuisi Anienugwu. .. .. Enugu
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MODERATOR
Ikenna Obibi Egeonu
BIAFRA VOICE GERMANY
BVI SATELITE STATION
Customary Government under the
Nigerian Legal System:
Barrister Emekesiri,
You wrote as follows and
I have related questions to your writing:
1) "By the
jurisprudence of Section 315 of the Nigerian Constitution which recognises the
validity of the Sharia law and Customary law as existing laws in force before
Nigeria and its Constitution were created, if the country should disintegrate
by an act of God, there would not be any more legislative houses to make laws
but only the Sharia laws and Customary laws of the people would survive. The
Northerners are wiser to have elevated their Sharia Government into statutory
government by passing the Sharia Bill into law in the Northern States’ Houses
of Assembly."
QUESTION: Please point me to where you are making
reference to in Section-315 of the Nigerian Constitution which I have pasted
below:
315. (1) Subject to the
provisions of this Constitution, an existing law shall have effect with such
modifications as may be necessary to bring it into conformity with the
provisions of this Constitution and shall be deemed to be -
(a) an Act of the
National Assembly to the extent that it is a law with respect to any matter on
which the National Assembly is empowered by this Constitution to make laws; and
(b) a Law made by a
House of Assembly to the extent that it is a law with respect to any matter on
which a House of Assembly is empowered by this Constitution to make laws.
(2) The appropriate
authority may at any time by order make such modifications in the text of any
existing law as the appropriate authority considers necessary or expedient to
bring that law into conformity with the provisions of this Constitution.
(3) Nothing in this
Constitution shall be construed as affecting the power of a court of law or any
tribunal established by law to declare invalid any provision of an existing law
on the ground of inconsistency with the provision of any other law, that is to
say-
(a) any other existing
law;
(b) a Law of a House of
Assembly;
(c) an Act of the
National Assembly; or
(d) any provision of
this Constitution.
(4) In this section, the
following expressions have the meanings assigned to them, respectively -
(a) "appropriate
authority" means -
(i) the President, in
relation to the provisions of any law of the Federation,
(ii) the Governor of a
State, in relation to the provisions of any existing law deemed to be a Law
made by the House of Assembly of that State, or
(iii) any person
appointed by any law to revise or rewrite the laws of the Federation or of a
State;
(b) "existing
law" means any law and includes any rule of law or any enactment or
instrument whatsoever which is in force immediately before the date when this
section comes into force or which having been passed or made before that date
comes into force after that date; and
(c)
"modification" includes addition, alteration, omission or repeal.
(5) Nothing in this
Constitution shall invalidate the following enactments, that is to say -
(a) the National Youth
Service Corps Decree 1993;
(b) the Public
Complaints Commission Act;
(c) the National
Security Agencies Act;
(d) the Land Use Act,
and the provisions of
those enactments shall continue to apply and have full effect in accordance
with their tenor and to the like extent as any other provisions forming part of
this Constitution and shall not be altered or repealed except in accordance
with the provisions of section 9 (2) of this Constitution.
(6) Without prejudice to
subsection (5) of this section, the enactments mentioned in the said subsection
shall hereafter continue to have effect as Federal enactments and as if they
related to matters included in the Exclusive Legislative List set out in Part I
of the Second Schedule to this Constitution.
2) "The legal
implication is that the Sharia Government in the North, having been given
statutory existence by the State law, has become a State organ that should be
financed by the State. They have therefore established their Sharia Police and
other Sharia Government organs to enforce the Sharia law in the North. This is
a wonderful legislative engineering performed by the Northern politicians and I
commend them for their foresight."
QUESTION: Are you aware that Nigerian Constitution
recognizes State Sharia Court? Please show me where the Constitution recognized
Customary Government. Please carefully read Section-240 of Nigerian
Constitution which I have posted below to see where it specifically mentioned
State Sharia Court.
240. Subject to the
provisions of this Constitution, the Court of Appeal shall have jurisdiction to
the exclusion of any other court of law in Nigeria, to hear and determine appeals
from the Federal High Court, the High Court of the Federation Capital
Territory, Abuja, High Court of a state, Sharia Court of Appeal of the Federal
Capital Territory, Abuja, Sharia Court of Appeal of a state, Customary Court of
Appeal of a state and from decisions of a court martial or other tribunals as
may be prescribed by an Act of the National Assembly.
3) "It is in
preparation for the unknown that the Customary Government of Indigenous People
of Biafra has been established as a de facto government structure that can hold
the people together in times of crisis."
QUESTION: Who established this Customary Government? On
what date was it established. When and where did Biafrans gather to establish
this Customary Government? Can you provide any declaration by a solemn assembly
of Biafrans where they unanimously agreed to constitute this Customary
Government and (a) mandate them to represent Biafrans, and (b)
select/elect/appoint the so-called Supreme Council of Elders to the positions
and authourities thereto/therefrom.
4) "Ohaneze
Ndigbo is only for the Igbo Nation but the Customary Government of Indigenous
People of Biafra headed by the Supreme Council of Elders is for the entire
Biafraland. The composition of the Supreme Council of Elders must therefore be
representative of the entire Biafraland."
QUESTION: Again who formed this Customary Government or
did they fall from heaven? When did Biafrans congregate to agree to from this
Customary Government? Who elected/selected/appointed these members of your
Supreme Council of Elders? Since you claim that Biafra covers the
unconstitutional SE, SS and Middle Belt, who are the members of this your
Supreme Council of Elders, where do they come from and on what basis were they
elected/selected/appointed?
In your usual style, I
don't expect you to answer these questions but its just to tell you that you
cannot continue to deceive Biafrans. Your time is up.
Stay blessed and hail
Biafra.
Dr. Clifford Chukwuemeka
Iroanya
In my previous
statement entitled “Customary Government is Lawful in Nigeria”, I cited the
provisions of the Nigerian Laws that authorise the use of customary law and
sharia law to govern the people within Nigeria. The claimants in the Federal
High Court Owerri known as Indigenous People of Biafra are governed under
Customary Law by their Elders called the Supreme Council of Elders. They have
established their Customary Government with their Secretariat at Enugu. The
only limitation is that the people governed under customary law and sharia law
are not sovereign but remain under the sovereignty of Nigeria. But they have
the right to govern themselves as a people within Nigeria. After the war, the
Biafrans were scattered like sheep without a shepherd. Their republican and
individualistic nature made it more difficult to gather them together. Their
political enemies made matters worse by sowing discord among them, creating
enmity among them, planting political stooges among them, and empowering
traitors to rule over them. The Biafrans became hopeless and helpless in the
midst of enemies within and without. Even among the pro-Biafra agitators, they
started calling themselves bad names such as traitors and betrayers as nobody
could trust anybody again. This was the situation before the lawyers and the
elders joined the Biafran national liberation struggle.
The first action taken
by the lawyers was to anchor the Biafran independence movement upon the rule of
law and diplomacy. As Biafra is not yet a sovereign nation, it can only sue or
be sued in a representative capacity. This was why the Indigenous People of
Biafra sued Nigeria by the human rights organization known as Bilie Human
Rights Initiative. This human rights organization is registered both under the Nigerian
Law and in the United Nations as a legal entity. It has been granted the ECOSOC
status in the United Nations with three seats in the UN Headquarters in New
York, Geneva and Vienna. This is the organization that champions the Biafran
liberation struggle by the rule of law and diplomacy. The human rights
organization is different from the people it represents just as an attorney or
agent is different from his principal. It is different from the Customary
Government of Indigenous People of Biafra and cannot take over the government
of the people otherwise its acts would be ultra vires.
Respect of
and Obedience to the Nigerian Law:
As Nigerians, we
are bound to obey the Nigerian law. It is expedient to emphasise on the reasons
for the establishment of the Customary Government of Indigenous People of
Biafra which is the de facto government of the Biafrans until they gain their
independence. The Rule of Law abhors anarchy, breach of peace, breach of public
order and propensity to lawlessness. For this reason and in obedience to the
Nigerian Customary Law the Elders of Biafraland rose up to gather their
children together and guide them in their struggle for independence to avoid
anarchy, lawlessness and bloodshed. By our Customary Law, it is the duty of the
Elders of the land to gather their children together and guide them
appropriately. The Biafrans are no longer like sheep without a shepherd. If
Nigeria breaks up today as predicted by the American experts, it is the
Customary Government of Indigenous People of Biafra headed by the Supreme
Council of Elders that will gather the people together.
By the jurisprudence of
Section 315 of the Nigerian Constitution which recognises the validity of the
Sharia law and Customary law as existing laws in force before Nigeria and its
Constitution were created, if the country should disintegrate by an act of God,
there would not be any more legislative houses to make laws but only the Sharia
laws and Customary laws of the people would survive. The Northerners are wiser
to have elevated their Sharia Government into statutory government by passing
the Sharia Bill into law in the Northern States’ Houses of Assembly. The legal
implication is that the Sharia Government in the North, having been given
statutory existence by the State law, has become a State organ that should be
financed by the State. They have therefore established their Sharia Police and
other Sharia Government organs to enforce the Sharia law in the North. This is
a wonderful legislative engineering performed by the Northern politicians and I
commend them for their foresight.
The Customary Government
of Indigenous People of Biafra is not fortunate to have intelligent politicians
to pass their Bills into law in their States’ Houses of Assembly. It appears
that their politicians are afraid to talk about their indigenous identity as
Biafrans. At the moment therefore, the Indigenous People of Biafra under the
Supreme Council of Elders are pursuing their organizational goals by self-help
efforts. We advise all the Indigenous People of Biafra to support and obey the
Supreme Council of Elders. It is unfortunate that Nnamdi Kanu, who was in
charge of their Radio Station called Radio Biafra, instead of promoting the
Supreme Council of Elders, suddenly became stubborn, disrespectful,
incorrigible, recalcitrant and abusive to the Elders and Dignitaries of the
land for which reasons the Elders ostracised him after several efforts to
correct him had failed. The Elders rightly invoked their powers under Customary
Law and disciplined their erring child to instil discipline in him.
The Structure to
hold the Biafrans Together in times of Crisis- The Customary Government of
Indigenous People of Biafra.
There is palpable
fear that anything may happen at any time to cause the disintegration of
Nigeria without the fault of anybody. In such a situation, we call it an act of
God. The prediction by the American experts that Nigeria would disintegrate
within 15 years from 2005 has not yet failed. Many people thought that the
Americans gave the year 2015 in their prediction but that is a wrong
interpretation. In their Report in 2005 they predicted the fall of Nigeria in
15 years’ time. As an expert in the science of estimation, I know that there is
always an acceptable margin of error in forecasting. Sometimes, it can be plus
or minus 5%; or plus or minus 10%; the lower the margin of error the higher the
accuracy of the estimation and closer to the line of best fit if measured by
the use of standard deviation. In effect, the American experts’ prediction of
the fall of Nigeria has not yet failed.
It is our duty to
prepare the people for anything that may happen in the future. I have said it
in my previous statements that our mission is to set the Biafrans free from Nigeria
but not to destroy Nigeria. I gave examples of many nations that gained
independence in the past without destroying their host countries. From Biblical
history, Israel came out from Egypt without destroying Egypt. In modern times,
Eritrea came out from Ethiopia without destroying Ethiopia. Bangladesh and
Pakistan came out from India without destroying India. South Sudan came out
from Sudan in 2011 without destroying Sudan. Why do people think that Nigeria
would not survive if the Biafrans should go and establish their own country?
I want to allay
the fears of the owners of Nigeria that their country would survive if they let
us go and build our own country as the Egyptians allowed the Israelites to go.
The foreigners who have invested in Biafraland will remain the owners of their
investments. We shall remain friendly neighbours as the Israelis and the
Egyptians are today, as the Pakistanis, Bangladeshis and Indians are today. The
Nigerians will not need visas to come to Biafra and the Biafrans will not need
visas to go to Nigeria because both nations are under the ECOWAS Treaty.
Moreover, any Nigerian who wants to maintain dual citizenship is free to apply
to become a Biafran citizen if he meets the requirements under the Immigration
Law. Also any Biafran who wants to maintain dual citizenship can retain his
Nigerian citizenship just as many Nigerians today are British and American
citizens. Why are the people afraid? They are afraid because they lack
knowledge of the law. The Bible says that the people perish for lack of
knowledge, Hosea 4:6. 8.4 It is in preparation for the unknown that the
Customary Government of Indigenous People of Biafra has been established as a
de facto government structure that can hold the people together in times of crisis.
It is not Ohaneze Ndigbo. Its jurisdiction covers all the Indigenous People of
Biafra living in the three contiguous regions of the South East, parts of the
South-South and parts of the Middle Belt of Nigeria. Ohaneze Ndigbo is only for
the Igbo Nation but the Customary Government of Indigenous People of Biafra
headed by the Supreme Council of Elders is for the entire Biafraland. The
composition of the Supreme Council of Elders must therefore be representative
of the entire Biafraland. It is not an Igbo affair. All the officers of the
Customary Government of Indigenous People of Biafra are hereby advised to
commence effective mobilization and communication to gather the people together
under the Supreme Council of Elders. It is the duty of the elders of the land
to put their house in order. Let us do it now before it is too late. I hereby
authorise the Media Department of the Customary Government of Indigenous People
of Biafra to publish this message in booklets and distribute it to the whole
world where the Biafrans are found.
Signed: Emeka Emekesri,
Esq. Solicitor for Indigenous People of Biafra
CAVEAT EMPTOR: CUSTOMARY GOVERNMENT
OF BIAFRA IS A RUSE
The Indigenous People of Biafra
(IPOB) hereby notifies the International Community and Biafrans in particular
that there is no such thing as Customary Government of Biafra. At this stage,
we (IPOB) are simply freedom fighters and the leader of IPOB is Nnamdi Kanu who
was given the mantle of leadership of IPOB by the High Command of the Biafran
Army on the 30th of May 2014 at Enugu. The ceremony bestowing leadership of
IPOB on Nnamdi Kanu was documented and can be viewed on YouTube using the
following link: https://www.youtube.com/watch?v=muRIgNynCwQ&feature=youtu.be
Sadly, we have discovered that Dr.
Dozie Ikedife and his APC cohorts are parading themselves as Customary
Government of Biafra even when our sovereignty, which was robbed us by Nigeria
and Britain, has not been restored. Worse still, these fraudsters are
ordering genuine Biafra freedom fighters to come under their illegal and
unrecognized Customary Government. These usurpers have never come out for
demonstration or supported the release of our leader. They are busy conniving
with Rochas Okorocha and some Igbo politicians who over the decades have sold
their conscience to the devil called Nigeria. These shameless men have been
busy using our name to advance their APC agenda in the Igbo-speaking parts of
Biafraland.
IPOB under the leadership of Nnamdi
Kanu is registered and recognized at the United Nations’ ECOSOC as “Indigenous
People of Biafra” without any second or third-party representation but simply
and directly as “Indigenous People of Biafra—IPOB.” We are also registered and
recognized in over 100 countries and territories around the world. When we came
out all over the world to demonstrate and to remember our fallen heroes, where
were these APC political harlots claiming to be Customary Government or part of
IPOB? They never came out but here they are today with the help of Rochas
Okorocha, who is a certified Northerner, trying to confuse the public with
their nonsense about Customary Government.
We challenge them to name one
protest march they have organized. They supported Buhari and his murderous
killer squads to execute our people in cold blood. For these traitors to now
claim that they are IPOB, it is an insult to the memory of the dead. If they do
not refrain from this Buhari-sponsored dance of shame, the consequences will be
severe on them.
While we are not against any person
or group of people answering their name or belonging to any organization of
their choice, one thing is certain and that is; there is only one IPOB and in
IPOB we do not have any Customary Government. Anybody referring to himself as
Customary Government of Biafra is nothing but a petty thief and a criminal
working for Nigeria.
In essence, anyone asking people to
support any Customary Government is putting the lives of our people at risk
because they are essentially informants to Nigeria’s secret police called
Department of State Services (DSS). Therefore Biafrans and friends of
Biafra must be eternally vigilant as well as disregard anyone or group of
people claiming to be members of Customary Government of Biafra because there
is no such thing in existence. When Biafra is restored, we shall develop and
practice real democracy as is obtainable in developed countries such as Israel
and the United States of America. We cannot afford to put the cart before the
horse. It is freedom from Nigeria and Britain first before formation of
government. The current singular objective of every genuine Biafran is the
restoration of the nation of Biafra and not the formation of a Customary
Government when our sovereignty is yet to be restored.
Again, CAVEAT EMPTOR on this ruse
called Customary Government of Biafra!!!
Signed
Emma Powerful
IPOB Media and Publicity Officer
I, Anthony Aniebue, the Administrator of the Customary Government
of the Indigenous Peoples of Biafra IPOB, wish to thank all Biafrans and
friends of Biafra all over the world for the wonderful work and support we, the
Indigenous Peoples of Biafra have been receiving since the renewed action to
restore our sovereignty which was stolen and destroyed more than 100 years
ago.
Let it be place on record that no action of yours,
individually or collectively will be lost or disregarded at the time of
reckoning. Notice is being taken mentally or in document of all you have been
doing to aid our peoples' movement to our freedom. It is the intention of this
office to assure you that we are watching.
Let it also be placed on record that we are aware of the
continued incarceration of thousands of Biafrans by Nigerian authority for the
only reason of daring to demand for their freedom. In picking up the demand for
freedom by our people, we make neither peace nor war with Nigerian state,
rather we make bold to present to the whole global conscience our inalienable
right to self-determination. Its our natural right. Its our right to
life.
It was the former Libyan Leader, Moummar Ghadafi that once
said, "There was nothing wrong with Biafra, except the militarization of
the Biafran demand by Ojukwu". Today, we in the Customary Government have
been struggling to rather democratize and demilitarize our present quest for
our sovereignty. We do that not because we have no capacity to make war, but
because we have rather accepted the New World Order of converting all bows and
arrows into hoes and machetes to plough the land and feed the people. Wars and
violence are of old World Order. They are no more envogue.
Therefore, we, the Indigenous
Peoples of Biafra do hereby extend our hands of comradeship to all men of
goodwill all over the world to join hands with Biafran people to make peace a
platform of the new evolving world.
In making this offer, we wish to remind the world that our
own part of the bargain cannot be fulfilled if we remain in dungeon and bondage
in Nigeria. We therefore make this pledge to the world that all our
self-apportioned responsibilities, we, the Indigenous Peoples of Biafra must
strive at all times to fulfill them once we assume our peaceful independence.
These responsibilities include amongst others, aligning our nation Biafra with
all peace-seeking nations and will never present Biafra as a beligrant state
against world peace.
We solicit for the support of all
peace-loving people of the world to join hands with this de facto Government of
the Indigenous Peoples of Biafra for an immediate realisation of our quest for
freedom.
To my countrymen, we wish to congratulate you, from the
north of Biafra to the Gulf of Guinea (Bight of Biafra), and from the West of
Biafra, by the great ancient people of Bini Kingdom to the East, by the good
people of Obubra/Ogoja axis, for all your efforts in seeing that we free
ourselves from this absolutely objectionable man's-inhumanity-to-man scenario
the Biafran people find ourselves in Nigeria due to no faults of ours except
that we are Biafrans. God in His infinite wisdom and mercy has already started
to grant us our prayers.
The Customary Government of IPOB is
of the view that we gain so much offering Nigerian authority a legal and
peaceful platform like this for initiation of dialogue and negotiation. We
don't want a situation where Nigerian authority will refuse to dialogue or
negotiate with us because it refuses to recognize or accept the legitimacy of
anybody or group speaking on our behalf. We therefore have no suitable option
for Biafra than for all of us to coalesce under this umbrella. Coalition does
not mean collapsing your group. It means having your group recognize and be
represented in the Government, with all your obligations, responsibilities and
dues accorded their rightful places in the union. Once we have done this, and
with all the support of everybody, this Government will then, not only demand
for but put machinery in motion to see that all Biafran prisoners of conscience
are released through the help of local and international bodies and agencies.
And therefrom go further to peacefully and nonviolently restore Biafra through
referendum.
Its a challenge to anybody to profer a better option than
this.
The New Biafran leadership must be crafted on service and
humility. We cannot achieve much going round and round, claiming and counter
claiming what we are and what they are not. What we all need is Biafra. Let us
join hands to see it done.
This is the opinion reflecting the view of the Customary
Government of Indigenous Peoples of Biafra IPOB.
Sign: Engr. Aniebue Anthony
The Administrator, Customary
Government IPOB. (+2348035002394)
IPOB,MASSOB,Pro-Biafran groups clash on the internet
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Friday, July 29, 2016
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