United Nations Calls Out Buhari Over Massacre Of Biafrans
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BIAFRA BOMBSHELL!!! UN CALLS
OUT
BUHARI OVER
MASSACRE OF BIAFRANS –
SEE WHAT THEY SAID
Society for Threatened Peoples
yesterday invited the United Nations (UN) office to investigate the alleged
massacre of 35 members of the Indigenous People of Biafra (IPOB) in South-East
on May 30, 2016.
The Society wondered why innocent,
unarmed people should be shot during their anniversary celebration this year at
various locations and the world appears to turn a blind eye on it.
The group in a statement made
available to The AUTHORITY on Saturday reads in part: “An independent
commission must investigate the escalating violence in Nigeria. After the
violent death of at least 35 Biafrans in southeastern Nigeria, who died during
the repression of IPOB heroes day by the Nigerian Police and the Army on
Monday, May 30, the Society for Threatened Peoples (STP) has called for the
establishment of an independent commission of inquiry.
“We must therefore independently
clarify who is responsible for the use of heavy ammunition and why it was
decided to shoot at Biafran peaceful and unarmed protesters. If the government
of Nigeria is not prepared to carry out investigation, we will ask the High
Commissioner for Human Rights of the United Nations to clarify the reasons behind
the escalation of violence by the Buhari-led administration. Impunity will only
feed more violence in Biafra.
“The mass killing of innocent Biafrans
is unjustifiable. Background of the rally was the celebration for the 49th
anniversary of the declaration of the independence of Biafra from Nigeria on
May 30, 1967.”
The activists called for an investigation
into the killing of Biafrans who had gathered in prayer meetings in churches
and public events, even the killing of IPOB members in the National High
School, Aba, Abia State on the 9th of February, 2016 and the killing of unarmed
civilians during their evangelism on the 30th August, 2015 at Onitsha. The Nigerian
security forces also penetrated the churches, arrested and killed some Biafrans
while they were sleeping.
“The most serious incidents
occurred in the city of Onitsha in Anambra State. There, at least 30 people
were killed. And to stop the incessant kidnapping and arrest of Biafra
agitators and those suspected to be members of the Indigenous People of Biafra
(IPOB) in their respective homes and detain them in their respective cells in
Nigeria, this must stop.”
The statement concluded:
“After this new escalation of
vi¬olence, the perpetrators, the Ni¬geria security forces must not re¬main
unpunished otherwise the entire southeast of Nigeria is likely to fall in
violence in 2017, when they will be remembering the 50th anniversary of the
start of the genocide in Biafra against the Biafrans’’.
UNDESCRIPTION OF GENOCIDE AND THE HYPOCRISY ON BIAFRA GENOCIDE
By Ogochukwu Nnanna For Family Writers.
In the first place, I will not fail to explain the meaning of Genocide, and how it affects Biafrans. The word genocide has not been in existence before 1944. It is just a combination of the word 'geno', a (Greek word for race or ethnic group or nation), and -- 'Cide' (a Latin word for killing). Genocide means the destruction of an ethnic group. It also signifies a coordinated plan or different actions aimed at the destruction of essential and natural foundations or the life of national indigenous groups. The objective of such a plan can be disintegration of the political and social institutions, of language, religion, culture, national feelings and the economic existence of such national groups, and also the destruction of the personal security, liberty, health, dignity and the lives of the individuals belonging to such groups. Raphael Lemkin, a Polish-Jewish lawyer gave birth to the word genocide in 1944. The definition of this term genocide has been brought to the notice of the international community, of which they today take genocide to mean deliberate killing of a large number of people, nation or ethnic group. Anybody that participates in the attack against life, liberty or property of a group or civilian population is guilty of the crime of genocide. The United Nations gave an approval to the convention on the prevention and punishment of the crime of Genocide (CPPCG) and also established genocide as an international crime, a crime against humanity which is punishable. The United Nations Convention also declared that there shall be no immunity for persons who commit genocide, whether they are rulers, public officials or private individuals. The United Nations takes genocide to mean any of these act committed with the intention of destroying in whole or in part, a national, ethnic or religious groups such as:(a) Killing of the members of the group; (b) causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. In all the above explanations of genocide and its punishment to the offenders according to the United Nations declaration, what has UN done over the genocide committed by the Nigerian government against the people of Biafra in the Nigeria during the Biafra war? Are these punishments not applicable to those who executed the Biafra genocide? Are Biafrans not among those that are meant to partake in this United Nations approval to the Convention on the prevention and punishment of the crime of Genocide? Everybody is fully aware of the Biafran genocide of 1967/70 and uptill now, the international community has not done anything about it. The murder of over 5 million Biafrans during Biafra war by the Nigerian government through the help of the British government has not been attended to and United nations are in face off concerning that genocide.
It is imperative that
in a situation whereby over 5 million Biafrans was massacred, it should be
recognized as genocide especially by international community. It is true that
Britain has outlawed this Biafra genocide by not regarding it as a genocide,
but united Nations which gave approval to the Convention on the Prevention and
punishment of the Crime of genocide should look into the Biafran genocide and
bring those that perpetrated the dastardly act to judgment.
Looking into the Lemkin's and the UN conceptions of what constitutes genocide, mass murder of any group of people qualifies as Genocide. And the mass murder of Biafrans during Nigeria - Biafra war of 1967/70 should be seen as genocide and should also be looked into. Again, the murder of over one million Armenians by Ottoman Turks in 1915-1916 was recognized as genocide by many countries and France wanted to outlaw its denial as genocide. As it is with the Turkish and Armenian case, so is also with the case of Biafra and Nigeria. Since the genocide was committed, Britain has totally sat on that genocide because they feel that if it was made open, people will see and know the part they played during that war. That is why they purposely sit on that Biafra genocide till today and don't want to bring it to table for proper investigation. 
Also the reports that a Polish member of international
observer team in Biafra during the war claimed- "We have been unable to
find one single trace of mass killings of IBO's" as they use to call
Biafrans. This is indeed wickedness of the highest order. Thank God that
another eye witness has it that truly there was deliberate bombing of civilians
and genocide against Biafra. The eye witness accounts of individuals and
international organizations are cited to buttress their claim.
Newsweek of 24 March 1968 for example, reports the account of one Rev.Fr. Raymond Mahar who said: "When I got to the market every square yard was covered by a body or a part of a body." Again, Giwa Amu, a solicitor-General, writing in the Sunday observer, March 16, 1983 has it that a large number of Midwestern Igbo (Biafra) were slaughtered. For record purposes, let me state fearlessly that I saw hundreds of unarmed civilians being shot at sight in Benin City when Federal troops arrived to liberate the city from rebel soldiers. I must tell you that till date, Biafrans are continually killed and massacred in their thousands by Hausa Fulani, especially by Fulani herdsmen and nothing has been done over that. They keep killing us, destroying our farm lands and even raping our women, but nothing has been done to them just as in the case of the Biafra genocide. The worst thing that has ever happened to Biafrans as those who are called by God's name is being in the same country with another ethnic group that doesn't regard killing as an abomination. When we come out for peaceful protest without arms, they kill us, when they wickedly invade our farmland with their cattle and we try to talk or stop them, they also kill us. And in all these, the international community always posits like they are not aware all these. I will conclude that Biafrans are a species set out for total extermination in Nigeria. And that is why we are agitating for our freedom and self determination which is a universal law guiding right of the indigenous people. Edited by Paul Ihechi Alagba For Family Writers 
AMNESTY
INTERNATIONAL’S
REPORTS ON
BIAFRA;
OVERDUE TO TRIGGER
ACTION ON BIAFRA
By Ifeanyi Chijioke
August 30 2016
What
are we still waiting for to save a free and peaceful people that have been
subjected to unlawful treatment for thriving on the 2007 UN charter on the
rights of Indigenous People? What other reports do we want before we take the
needed action to saving humanity? What are we waiting for to compel Buhari to
release a political prisoner and stop military action, secret execution,
forceful disappearance or abduction of the people of Biafra? What are we still
waiting for to act on the too many reports by Amnesty International? Will
Amnesty continue to report until the whole people of Biafra are murdered before
we act? A journey of million mile starts with a step and likewise will the
murder of all Biafrans start with one murder? While Amnesty International has
tried to report the few it can; it is overdue to trigger actions on defense of
humanity.
I
was opportune to see Amnesty staff in action; when they were investigating
Biafra heroes’ day massacre in Anambra state. The male staff I met during that
period was grounded, very firm and focused; he never wanted interferences and
ready to get to the bottom of everything and leaving no stone unturned. He
appeared more like a traveler; carrying his bag and record books, I suspected
he had his cloths inside his bag because there will definitely be need to
change. I had expected to see a neatly dressed staff in white suit and white
pair of shoes but I saw a grounded man; entering where was not supposed to be
entered and touching everything that was not supposed to be touched. I asked a
young man that brought him to a certain hospital for him to see victims “How
many days has he been for this job” the young guy replied “He has been here for
the past two weeks” I was speechless and echoed “Just for humanity!” I nearly dragged
attention to myself but I was quick to cover the astonishment.
I
did not waste time to introduce myself to him and he said “I am sorry I cannot
take political decisions”. He knew what I was going to complain to him; I
attended the Heroes’ day in Nkpor and I saw men dying like animals. I was going
to tell him to arrest Buhari or disarm Nigerian forces because Boko Haram is
thriving and all armed groups in Nigeria beyond their reach while unarmed
Biafrans receive everything.
·
I
needed to create the picture of how Biafrans were shot by a military formation;
I was not born during Biafra war but I saw war when a peaceful protester next
to me coldly fell on the ground without uttering a word and before I ran into a
nearby building for safety; they have already dragged the shot protester like a
hunter that killed an antelope into their truck. The Biafran that was telling
me about how he would go back to school if Biafra comes had just been shot, and
watching them drag his corpse into their truck; I could not help it as tears
trickled down and I told my colleagues that I can’t cover the protest any more.
I wanted the Amnesty International staff to know everything because to me, he
is like an Angel sent to hear my remonstrations. Just with his utterance that
he cannot take political decisions; I forced myself to let him know; at least
he can tell those that can take political decisions.
Amnesty
International is the most reliable human right institution with great
influence; always on ground to get first hand information. “Be very careful and
tell your people to be very careful; as many corpses I have seen were shot from
the back; either running or shot unaware; they shoot them to kill and watch your
back whenever you are on duty” that was the advice he gave me and I was weak;
does it mean nobody will stop this ethnic cleansing on Biafra? Does it mean
this will go on like this and no action to stopping it any time soon? I had
expected some words like that he would make sure solution is found to stop the
killing of Biafrans.
I
have followed Amnesty International’s report on Biafra since last year and I
found it imperative to ask today; has world authorities used the report of this
reliable institution, take actions in defense of humanity? The work of Amnesty
International is to bring to knowledge the challenges facing humanity in the
box of right violation and denial of right to life. This much they have
suffered to bring to the doors of the world what Biafrans are passing through;
what has world authorities done to curtail inhumanity against humanity in
Biafra. I am beginning to agree or align with the opinion of the section that
says International Community will not save or act if you did not act or save
yourself. In spite of these damning reports; relevant world authorities have
taken no action and once more I wonder the foolishness behind being peaceful
and lawful.
If
Amnesty International could see this much and report; how much have we that are
on ground seen? It is expected that the report of Amnesty International ought
to have triggered action but the inaction among the relevant authorities only
makes the world an abominable place. Injustice anywhere is injustice everywhere
but Biafra seems not to be part of the world. The people of Biafra are being
forced to disappear, while Nnamdi Kanu has been illegally detained; the people
of Biafra are being kidnapped and executed in ISIS like pattern.
The
people of Biafra have continued to remain peaceful despite the provocations and
military action launched against them. Nnamdi Kanu has disciplined them that in
spite of the increase of widows and widowers, orphans and destroyed families;
they have continued to endure and waiting on the world to empathize- with them.
It is therefore due to compel Nigeria to free Nnamdi Kanu and conduct
referendum to end extra-judicial murder and genocide going on in Biafra.
Editor:
Mr.Ifeanyi Chijioke writes for BiafraPost
Publisher:
Akachukwu Udo
For
Biafra Reporters
Arbitrary Detentions By Buhari’s DSS: The 1999 Constitution Wails As
Nigeria Turns 56 (READ)
Intersociety, the International Society for Civil Liberties and
the Rule of Law, writes an open letter to Abubakar Malami, Nigeria’s federal
attorney general decrying the human rights abuses perpetrated by security
agencies in the country since President Muhammadu Buhari was sworn into office
in May, 2015. The human rights group ends the letter with a list of 8 demands.
You may reach the letter, dated October 2, 2016 below.
Mr. Abubakar Malami, SAN
Attorney General of the Federation And Minister for Justice Office of the AGF, Federal Ministry of Justice Federal Secretariat Complex, Shehu Shagari Way Central Area, FCT, Abuja, Nigeria
Dear AGF,
1999 Constitution Still Wails At 56: Exposing Unconstitutional
And Long Detention Without Trial By DSS Of Nigerian Citizens Including Comrade
Chidiebere Onwudiwe And Other Unarmed IPOB Activists
It is with deepest dismay that the leadership of International
Society for Civil Liberties and the Rule of Law: INTERSOCIETY write
your public office through this public or open letter to inform you and other
Nigerians and international watchers that the 1999 Constitution and the Rule of
Law under your watch as “the Law Officer of the Federation” are gravely
threatened, undermined, disrespected and battered particularly by the
authorities of the Department of the State Security, DSS.
It saddens us, too, that the Nigerian Constitution,
presently known as the 1999 Constitution, is still wailing
after 56 years of its existence. As a responsible advocate of human rights,
rule of law and constitutionalism in Nigeria, we stand condemned divinely,
earthly, humanly and conscientiously if we watch idly and see the 1999
Constitution and the Rule of Law being systematically ridiculed,
battered and bastardized with reckless abandon by the authorities
of the DSS and other lawless security agencies in Nigeria.
As you may know, Dear AGF, we are fully aware of the state of
criminal justice in Nigeria and its midwifery by the Constitution of the Federal
Republic of Nigeria 1999, as amended in 2011, otherwise called “the 1999
Constitution”. Our writing you and your public office as “the Attorney General
of the Federation” is not to ask for a favour, but to clearly and unambiguously
remind you of your constitutional and statutory powers and duties as Nigeria’s
Attorney General and task you to exercise the powers and perform the duties
which the 1999 Constitution mandatorily direct you to do.
For the avoidance of doubt, Dear AGF, Section 150 (1) of the 1999
Constitution clearly provides as follows:there shall be an Attorney General
of the Federation who shall be the Chief Law Officer of the Federation and a
Minister of the Government of the Federation.
Further Sir, Section 174 (1) of the 1999 Constitution directs
that: the Attorney General of the Federation shall have power:
·
To institute and undertake criminal proceedings against any
person before any court of law in Nigeria, other than a court martial, in
respect of any offence created by or under any Act of the National Assembly;
·
To take over and continue any such criminal proceedings that may
have been instituted by any other authority or person (i.e. DSS); and
·
To discontinue at any stage before judgment is delivered any
such criminal proceedings instituted by him or any other authority or person.
Section 174 (2) further directs that: the powers
conferred upon the Attorney General of the Federation under subsection (1) of
this section may be exercised by him in person or through officers of his
department.
Section 174 (3) also states: In exercising his powers
under this section, the Attorney General of the Federation shall have
regard to the public interest, the interest of justice and the need to
prevent abuse of legal process.
Our writing your public office therefore, is formidably
predicated on the foregoing. This letter, too, comes on the heels of the 56th Independence
Anniversary of the Federal Republic of Nigeria, which is one of the most
important periods in the history of the country. The referenced Anniversary
should also be a stock-taking by Nigeria’s present political leaders
particularly as it concerns cessation or stoppage of regime atrocities against
the citizens such as the one warranting this letter.
To make the matter worse, Dear AGF, the constitutionalism and
the rule of law being battered and bastardized with reckless abandon by the DSS
and other lawless security agencies today are the foundation upon which Nigeria
as an independent country was laid on 1st October 1960. As it
was boldly written in the Independence Constitution of 1960, so it is in the
present 1999 Constitution where its Preamble sacredly holds that “the Federal
Republic of Nigeria is founded for the purpose of promoting the good government
and welfare of all persons on the Principles of Freedom, Equality and Justice;
and for the purpose of consolidating the unity of all Nigerians”.
Specific Reasons For Writing Your Public Office: Your public office may be aware
that the Nigerian security forces particularly the Nigerian Army, the Nigeria
Police Force and the DSS had since August 2015 launched a widespread violent
crackdown on nonviolent and unarmed Pro Biafra activists particularly members
and supporters of the Indigenous People of Biafra (IPOB) leading to the death
of as much as 250 of them and wounding of over 300 others. Over 100 of them are
still languishing in various security prisons and detention facilities across
the Southeast and the South-south of Nigeria under “committal proceedings” or
“Holden Charge”. Dozens of others have also gone missing or disappeared. Scores
have been killed in detention; while 4.8 out of every 5 Pro Biafra activists
arrested by the DSS, the Army and the Police are gravely tortured.
The massacre of as much as 250 Pro Biafra activists particularly
IPOB members took place in eight different locations in the Southeast and the
South-south of Nigeria. Two most horrible of the massacre was carried out in Aba,
Abia State on 9th of February 2016 when the security forces
forced their way into a perimeter fenced public secondary school compound where
IPOB activists were singing and praying and opened fire on them, killing at
least 22 and injuring over 30 others. The second most horrible, which is also
most bloody of all took place at Nkpor in Anambra State and Asaba in Delta
State on 30th of May 2016 during which as much as 140 Pro Biafra activists
and other members of the public who converged to mark their heroes day were
massacred; with over 130 others terminally shot and injured. Pieces of evidence
abound.
As if that was not enough, the security forces particularly the
DSS have gone further to clamp down surviving IPOB activists in Nigeria leading
to indiscriminate raiding of their homes and sleeping abodes particularly in
the dead of the night or hours of the blue law. Those abducted in their sleep
by DSS are detained incommunicado for months without trial. Because the DSS
finds nothing incriminating on them on account of their group’s non-violence
stance, the authorities of the DSS are strongly believed to routinely torture
them to self-criminate themselves of being “terrorists”; a stigma DSS uses to
hunt and abduct them.
Some of those abducted are shot and wounded at sight before they
are taken away and detained incommunicado for months without trial. Recently, a
list of wanted IPOB activists compiled by the DSS in Abuja was leaked to the
media; containing 45 IPOB activists and their wives who reside locally and
internationally. For instance, the nursing mother and wife of detained IPOB
leader, Mrs Uchechi Kanu was among those in the DSS wanted list. The links
contains the referenced wanted list: HERE, HERE.
IPOB Activists Being Held Without Trial: (1) Comrade Chidiebere Onwudiwe: A Mechanical Engineer by
training, he is the National Coordinator of IPOB in Nigeria. He was arrested in
his sleep by DSS operatives in the late night of 22nd of June 2016, in
Rumukurushi area of Port Harcourt, Rivers State in South-south Nigeria. Comrade
Chidiebere Onwudiwe has been held incommunicado and denied access to his family
and lawyers till date; a period of 100 days. On 30th of July
2016, the authorities of DSS issued a public statement, labeling him “a
terrorist”; claiming that “he was arrested while planning to bomb Computer
Village in Lagos”; a claim strongly resisted by human rights groups and the
media. Mr. Chidiebere Onwudiwe is not only unarmed and nonviolent, but he is
also well known to local and international human rights groups and media as
well as members of the diplomatic community. Till date, the authorities of the
DSS have neither granted him administrative bail nor charged to court. It is
most likely he is undergoing intense torture to self-implicate himself and
admit being “a terrorist” as he was so labeled. The link below contains the DSS
statement declaring him “a terrorist”:
(2) Comrade Justice O. Udeh: An IPOB official
in Aba, Abia State, Southeast Nigeria. He was abducted in his sleep by the DSS
operatives in the late night of 13th of July 2016 in a place he
had gone to pass a night near Port Harcourt in Rivers State. He has been held
incommunicado and denied access to his family and lawyers since then; a period
of 80 days. He is strongly believed to be undergoing intense torture to force
him admit falsely of being a “terrorist”. Till date, over 80days in DSS
custody; he has neither been charged to court nor granted administrative bail.
(3) Comrade Sunday Chuks Obasi: An IPOB
official in Nnewi, Anambra State, Southeast Nigeria and coordinator of the
Nnewi-Ichi IPOB Unit; he was abducted in his sleep by DSS in the late night of
16th of August 2016 in his Amuwo-Nnewi residence, after he was
trailed from Port Harcourt in Rivers State. He was shot at his two legs before
being abducted by the DSS operatives. He has been held incommunicado and denied
access to his family and lawyers till date, a period of 46 days; he has
remained in the DSS custody without trial/charge or administrative bail. His
gunshot wounds and general health conditions have also remained sketchy till
date.
(4) Comrade Ikechukwu Ugwuoha: He
is the Abia State Coordinator of IPOB and was arrested barely over two weeks
after he, alongside 19 other IPOB members including six married women were
released from the Aba Prisons on 11th of August 2016 after
remanded for over five months for their involvement in the 9th of
February 2016 prayer rallies in the Premises of the National High School, Aba,
during which soldiers stormed the venue and opened fire, killing 22 of them.
Comrade Ugwuoha, alongside four others was trailed from Gwagwalada area of
Abuja by DSS where they had gone to see the detained leader of IPOB, Mr. Nnamdi
Kanu at Kuje Prison.
Their commercial bus was trailed to Ugba Junction near Aba in
Abia State and ambushed at about 7.30am on 26th of August 2016
by the operatives of the DSS, supported by soldiers and police. Comrade
Ugwuoha, alongside four others, was moved to the temporary headquarters of the
144 Battalion of the Nigerian Army and tortured for hours before they were
taken to the Umuahia Directorate of the DSS; from where they were moved to the
Abuja Headquarters of the DSS and detained incommunicado till date. He has been
held for 36 days without trial or administrative bail.
(5) Comrade Ugochukwu Asochukwu: He was
arrested alongside Comrade Ikechukwu Ugwuoha and three others by the DSS on 26th of
August 2016 and held incommunicado without trial or administrative bail; a
period of 36 days.
(6) Comrade Sunday J. Okafor: He was arrested
alongside Comrade Ikechukwu Ugwuoha and three others by the DSS on 26th of
August 2016 and held incommunicado without trial or administrative bail; a
period of 36 days.
(7) Comrade Ekene Onuoha: He was arrested alongside
Comrade Ikechukwu Ugwuoha and three others by the DSS on 26th of
August 2016 and held incommunicado without trial or administrative bail; a
period of 36 days.
(8) Comrade Joseph Okorie: He was arrested
alongside Comrade Ikechukwu Ugwuoha and three others by the DSS on 26th of
August 2016 and held incommunicado without trial or administrative bail; a
period of 36 days.
Other names contained in the DSS list of wanted IPOB activists
are: Sunday Onyekachi, Ogechukwu Obiorah, Ann Okafor, Amaechi Sunday Kanu
(Sheffield, UK), Dickson Ekene, Ndidi Ojukwu, Emma Powerful, Emma Nmezu,
Uchechi Kanu (London, UK: Nnamdi Kanu’s wife and nursing mother), Sidney Okoli
(Mollorca, Spaiin), Andy Obeche, Ifriam Ezeiwu, Chukwuemeka Mfon, Ikenna Sunday
Egono, Chijioke Ekwueme, Godwin Osinachi, Udoka Amarachi (Dortmund, Germany),
Uche Martin Doludo, Nduka Enuma, Ambrose Ero and Clifford Mbamere.
Others are: Andy Obina Okafor, Stephen Oko (Uk), Onyeka Joseph,
Eric, Dike Benson, Uche Emmanuel Uche, Udoka Okechukwu David, Martins (Austria),
Michael Chidi Okafor, Daniel Ifeanyi (USA), Roland Abumere, Kenneth Uche Opara,
Emenike Anyanwu, Obinwanne Markson Chukwujekwu, Chukwu I Ojiugo, Ezinwanne Mba,
Jeff Amechi, etc. The link to the DSS list of wanted IPOB members is contained
here:http://www.otimestv.com/2016/09/shocking-sss-releases-list-of-wanted.html#more.
As we write, the authorities of the DSS have refused to
communicate the families and lawyers of the detained citizens as it concerns
offences under which they are being held without trial or put them on notice of
any court process undertaken. As a matter of fact, none of the detained
citizens has been arraigned or put on trial till date. No records of court
remands have been traced to any court in Nigeria.
Dear AGF, by the combined provisions of Sections 150 and 174 of
the Constitution of the Federal Republic of Nigeria 1999, as amended in 2011,
you are not only “the Chief Law Officer of the Federation”, but also “the Chief
Prosecuting Officer of the Federation”. That is to say that it is your duty,
mandatorily and constitutionally, to ensure that “all officers of the law” in
Nigeria are compelled at all times in accordance with the provisions of the
1999 Constitution to conform to, observe, apply and obey the provisions of the
1999 Constitution in the course of processing citizens taken into custody on
suspicion of committing criminal offences. This is more so when the
Constitution in its Section 174 (3) firmly directs you to “prevent abuse of
legal process” and give due regard to public interest and interest of justice
in the course of carrying out your duties and exercising your constitutional
powers.
As you are aware Sir, Section 3 of Nigeria’s Criminal
Code Act of 2004 clearly provides for three categories
of offense in Nigeria. They are: felony, misdemeanour
and simple offences. The Criminal Code Act further defines felony as
any offence which is declared by law to be a felony, or is punishable, without
proof of previous conviction, with death or with imprisonment for three years
or more.
On the other hands, Misdemeanour offences attract judicial
punishment of maximum of three years imprisonment or less; and Simple offences
such as strict and statutory liability offences attract a maximum of six months
imprisonment or less. In other words, crimes in Nigeria are categorized
according to their sentencing categories.
As you are further aware Sir, for a crime or an
offense (i.e. felony and misdemeanor) to be alleged to have been
committed by a citizen in any part of the world including Nigeria, there must
be alleged guilty act (actus reus) and alleged guilty
mind (mens rea). Also for an offense to be truly called offense or
a crime truly called crime; there must be presence of seven
elements of crime: harm, legality, actus reus, mens rea, causation, concurrence
and punishment. For an act or omission to
be called a crime or an offense, there must be
concurrence and concordance of actus reus and mens rea. In
other words, where there is criminal intention (mens rea) without criminal
act (actus reus), an offense has not been committed; except in strict
and statutory liability offenses such as
traffic offenses; where only guilty act (actus rea) is
judicially required to secure conviction or sanction.
By Section 36 (8) of the 1999 Constitution: no person
shall be held to be guilty of an offence on account of any act or omission that
did not, at the time it took place, constitute such an offence, and no penalty
shall be imposed for any criminal offence heavier than the penalty in force at
the time the offence was committed.
By Section 36 (12) of the same Constitution: subject as
otherwise provided by this Constitution, a person shall not be convicted of a
criminal offence unless that offence is defined and penalty therefore is
prescribed in a written law, such as an Act of the National Assembly or a Law
of a State.
Section 42 of the 1999 Constitution (right to freedom from
discrimination) expressly and inexcusably forbids your public office and
subordinate processors (i.e. Police and DSS) of accused, arrested and detained
citizens in Nigeria (i.e. detained IPOB activists) from processing or detaining
their captives on grounds of their ethnic group, place of origin, religion,
sex, class or political opinion.
Very importantly Sir, the Constitution of the Federal Republic
of Nigeria 1999, as amended in 2011 issupreme and above all other laws,
authorities and persons. It is also the general overseer of
all other laws in the country. The inferiority of all other laws in
Nigeria to the 1999 Constitution is expressly contained in Section 315
of the 1999 Constitution, which clearly directs as follows: subject to
the provisions of this Constitution, an existing law (i.e. an Act of the
National Assembly, a Law of a State, a Decree, or an Edith) shall have effect
with such modifications as may be necessary to bring it into conformity with
the provisions of this Constitution.
The supremacy of the 1999 Constitution over all
other laws, authorities and persons is expressly contained in its Section 1
(1), which provides as follows: this Constitution is supreme and
its provisions shall have binding force on all authorities and persons
throughout the Federal Republic of Nigeria. The Constitution further
directs in its Section 1 (3) that if any other law is inconsistent with
the provisions of the Constitution, this Constitution shall prevail, and that
other law shall to extent of the inconsistency be void.
Honourable AGF Sir, it plainly follows that (1) where an Act of
National Assembly rises in conflict with provisions of the 1999 Constitution,
the 1999 Constitution expressly prevails and the said Act fails woefully; (2)
where an existing military decree rises in conflict with an Act of the National
Assembly and the 1999 Constitution, the former fails woefully on two fronts;
and where a Law of a State or an Edith rises in conflict with an Act of the
National Assembly and the 1999 Constitution, the former fails woefully on two
fronts as well.
For the avoidance of doubt Sir, Section 4 (5) of the 1999
Constitution expressly holds as follows: if any Law enacted by the
House of Assembly of a State is inconsistent with any law validly made by the
National Assembly, the law made by the National Assembly shall prevail and that
other Law shall to the extent of the inconsistency be void. In the
area of decided cases, it is not different. For instance, in
the Supreme Court of Nigeria’s landmark verdict in: Abacha and Others v
Fawehinmi (2001) AHRLR 172 (NgSC 2000); it was declared
that “the African Charter on Human & Peoples Rights (ACHPR) is
superior to any ordinary legislation in Nigeria, but subject to the 1999
Constitution”.
From the above extensive constitutional and statutory citations
Sir, it is elementarily clear that Nigeria’s body of laws contain clear
procedures and processes within modern democratic practices for processing
citizens accused of committing crimes of whatever category; yet those charged
with the application of these laws have chosen to observe them in breach with
reckless abandon and under your watch; to the extent that the hallowed
supremacy of the Constitution has been grossly undermined and torn to shreds by
the authorities of the DSS with your public office watching and doing
nothing.As it is expressly observed from the above citations, the Nigeria’s
body of criminal laws totally forbid trumped charges or accusations or
trial-by-ordeal; yet the authorities of the DSS are applying them with
reckless abandon particularly in the instant case.
By Nigeria’s body of criminal laws and the 1999 Constitution,
citizens accused, arrested and detained on suspicion of committing
misdemeanours shall not be detained for more than 48hrs without trial and those
accused, arrested and detained on suspicion of committing offences (i.e.
treason, treasonable felony, terrorism, asportation (“kidnapping”), armed
robbery, etc) involving grievous punishments (i.e. death penalty, life
imprisonment or 14yrs imprisonment and above) shall not be detained without
trial or court bail for more than 60days.
If they are accused, arrested and detained without trial for
90days, the Constitution directs for their discharge on assumption that “they
have no case to answer or that the State has no indictable evidence to try
then”. The long period of detention in the latter instance is designed to give
criminal investigators enough time considering the gravity of the offences
alleged to have been committed; provided such detention is sanctioned by a law
court with exhaustible period of time.
For the avoidance of doubt Sir, Section 35 (4) (a) (b) of the
1999 Constitution (right to personal liberty);clearly states as
follows: any person who is arrested or detained in accordance with sub
section 1 (c) of this section shall be brought before a court within a
reasonable time, and if he is not tried within a period of:
(a) two months from the date of his arrest or detention
in the case of a person who is in custody or is not entitled to bail;
(b) three months from the date of his arrest or detention in the
case of a person who has been released on bail, he shall (without prejudice to
any other further proceedings that may be brought against him) be released
either unconditionally or upon such conditions as are reasonably necessary to
ensure that he appears for trial at a later date”.
The literal meaning of the above is that no citizen shall be
held or detained by any policing or securitization agency in Nigeria
continuously for 60days without charge or trial or bail; and if such citizen is
granted bail, but not tried within 90days, he or she shall be discharged of the
accusation.
Further Sir, Sections 293, 294, 295 and 296 of the Administration
of the Criminal Justice Act, 2015, are our further guide in the
instant case. Your attention is drawn to its Detention Limits of
Arrested Citizens inPart 30. Section 293 (1) provides as
follows: A suspect arrested for an offence which a Magistrate Court has no
jurisdiction to try shall within a reasonable time of arrest be brought before
a Magistrate Court for remand.
Section 293 (2): An application for remand under this
section shall be made ex parte and shall:
·
Be made in the prescribed “Report and Request for Remand Form”,
as contained in Form 8, in the First Schedule to this Act; and
·
Be verified on oath and contain reasons for the remand request.
Section 294 (1): Where the Court, after examining the
reason and for the request for remand in accordance with the provisions of
Section 293 of this Act, is satisfied that there is probable cause to remand
the suspect pending the receipt of a copy of legal advice from the Attorney
General of the Federation and arraignment of the suspect before the appropriate
Court, as the case may be, may remand the suspect in custody.
Section 294(2): In considering whether “probable cause”
has been established for the remand of a suspect pursuant to subsection (1) of this
section, the Court may take into consideration the following:
·
The nature and seriousness of the alleged offence;
·
Reasonable grounds to suspect that the suspect has been involved
in the commission of the alleged offence;
·
Reasonable grounds for believing that the suspect may abscond or
commit further offence where he is not committed to custody; and
·
Any other circumstance of the case that justifies the request
for remand.
Section 295: The Court may, in considering an
application for remand brought under Section 293 of this Act, grant bail to the
suspect brought before it, taking into consideration the provisions of Sections
158 to 188 of this Act relating to bail.
Section 296(1): Where an order of the remand of a
suspect is made pursuant to Section 293 of this Act, the order shall be for a
period not exceeding fourteen days in the first instance, and the case shall be
returnable within the same period.
Section 296 (2): Where, on application in writing, good
cause is shown why there should be an extension of the remand period, the Court
may make an order for further remand of the suspect for a period not exceeding
fourteen days and make proceedings returnable within the same period.
Section 296 (3): Where the suspect is still in custody
on remand at the expiration of the period provided for under subsection (1) or
(2) of this section, the Court may, on application of the suspect, grant bail
in accordance with the provisions of Sections 158 to 188 of this Act relating
to bail.
Section 296 (4): At the expiration of remand order made
pursuant to subsection (1) or (2) of this section, and where the suspect is
still remanded with his trial having not commenced, or charge having not been
filed at the relevant court having jurisdiction, the court shall issue a
hearing notice:
·
The Inspector General of Police (IGP) and the Attorney General
of the Federation (AGF); or
·
The Commissioner of Police of a State (CP) or of that of FCT or
the AGF as case may be; or
·
Any relevant authority in whose custody the suspect is or at
whose instance the suspect is remanded, and adjourn the matter within a period
not exceeding fourteen days of the expiration of the period of the remand order
made under subsection (1) or (2) of this section, to enquire as to the position
of the case and for the IGP or the CP and the AGF to show cause why the suspect
remanded should not be unconditionally released.
Section 296 (5): Where the IGP or the CP and the AGF
show good cause pursuant to subsection (4) of this Section and make a request
to that effect, the Court:
·
May extend the remand of the suspect for a final period
not exceeding fourteen days for the suspect to be arraigned for trial
before an appropriate court; and
·
Shall make the case returnable within the said period of
fourteen days from the date the hearing notice was issued pursuant to
subsection (4) of this section.
Section 296 (6): Where good cause is not shown for the
continued remand of the suspect pursuant to subsection (4) of this section, or
where the suspect is still on remand custody after the expiration of the
extended period under subsection (5), the Court shall, with or without
an application to that effect, forthwith discharge the suspect and the suspect
shall be immediately released from custody.
Section 296 (7): No further application for remand
shall be entertained by any court after the proceeding in subsection (6) of
this section.
Sir, the literal meaning of the above is that no citizen
arrested of any grievous crime, whether true or false, shall be detained in any
detention custody in Nigeria without a valid court remand grounded in
legitimate legal process and fair hearing (i.e. putting the detained citizen’s
lawyers and family on notice). The maximum period allowed for such detention
for the purpose of continuation and conclusion of investigation is a total of
56days segmented into “four-two weeks” and that if at the expiration of the
said maximum of 56days, the citizen is not put on trial before a High Court of
a State, a High Court of the FCT or a Federal High Court, he or she shall be
discharged by the Court that issued the remand order and no further
application for remand shall be entertained by any court in Nigeria.
It is therefore shocking as to where the authorities of the DSS
derive powers and authority to arrest and detain citizens for over 60days
without trial or administrative bail. The source of powers under which the DSS
detains citizens incommunicado without access to their lawyers and families is
also unknown to the 1999 Constitution. The Constitution in its Section 36 (5)
(6) guarantees the arrested and detained citizens their inalienable rights to
fair hearing including access to their lawyers and families and presumption of
innocence until found guilty by a court of competent jurisdiction.
Even if the authorities of the DSS claim that Comrade Chidibere
Onwudiwe and his colleagues are being held incommunicado under the infamous
Section 27 (1) of the Terrorism Prevention Act of 2011 as amended in
2013, which unconstitutionally provides as follows: the Court may,
pursuant to an exparte application, grant an order for the detention of a
suspect under this Act for a period not exceeding 90 days subject to renewal
for a similar period until the conclusion of the investigation and prosecution
of the matter that led to the arrest and detention is dispensed with; it
is dead on arrival.
This is on account of clear provisions of Section 1 (3) of the
1999 Constitution, which directs that: if any other law is inconsistent
with the provisions of the Constitution, this Constitution shall prevail, and
that other law shall to extent of the inconsistency be void. The
infamous provision under reference is also grossly inconsistent with Section 35
(4) (a) (b) of the Constitution as well as Section 293, 294, 295 and 296 of the
Administration of the Criminal Justice Act, 2015.
Our Demands:
1.
In view of the fact that Comrades Chidiebere Onwudiwe and
Justice O. Udeh are no longer triable having being arrested on 22nd June
and 13th July 2016 and detained incommunicado for 100days and
80days respectively; your public office is called upon to direct the
authorities of the DSS to release them unconditionally and discharge them as
well. Your office should also ensure that they are not tried in any court in
Nigeria and specifically file Nolle Prosequi (we shall no longer prosecute)
application where reverse is the case.
2. Direct the authorities of the DSS
to free other IPOB members held in their custody including Comrades Sunday
Chuks Obasi, Ikechukwu Igwuoha, Ugochukwu Asochukwu, Sunday J. Okafor, Ekene
Onuoha and Joseph Okorie and ensure cessation of the DSS clamp down on IPOB
activists across the country particularly in the Southeast and the South-south
of Nigeria.
3. File Nolle Prosequi (we shall no
longer prosecute) applications in any court in Nigeria where Pro Biafra
associated cases are pending and get over 100 Pro Biafra activists languishing
in various prisons and other detention facilities freed unconditionally.
4. Advice the authorities of DSS,
Army and Police against criminalizing and stigmatizing constitutional rights to
peaceful assemblies and associated constitutional liberties in Nigeria and
channel their energies towards curbing the ceaseless menaces of armed
opposition groups like Boko Haram and Fulani terror groups and other violent
entities in Nigeria.
5. Direct all the security and law
enforcement agencies in Nigeria to adhere strictly to the provisions of the
1999 Constitution and the Principles of the Rule of Law in processing their
arrested and detained citizens and ensure that their detainees are not tortured
or killed in custody or detained for periods not allowed by the Constitution.
6. Direct same to stop all forms of
indiscriminate arrest and detention of Nigerians without trial and ensure they
refrain from shooting citizens who are unarmed and nonviolent at the point of
their arrest or in the course of exercise of their constitutionally guaranteed
liberties such as rights to personal liberty, movement, expression,
association, assembly, etc.
7. Direct same to ensure at all
times that their detainees are allowed access to their families and lawyers as
well as ensuring that they are detained under good sanitary conditions and
giving them access to proper medication.
8. Identify all inconsistent and
incoherent laws insulting and rubbing shoulders with scared provisions of the
1999 Constitution such as infamous Section 27 (1) of the Terrorism Prevention
Act of 2011, as amended in 2013 and forward them to the National Assembly by
way of Executive sponsored Bills to get them amended or modified in accordance
with Section 315 (1) of the 1999 Constitution.
Note Sir: This open letter is communicated to you through
your personal email as well as your office email.
Thank You.
Yours in the Service to Humanity:
Emeka Umeagbalasi, B.Sc., Criminology & Security Studies;
M.Sc. (c), Peace & Conflict Studies
Board Chairman, International Society for Civil Liberties & the Rule of Law-INTERSOCIETY Mobile Line +2348174090052
Email: info@intersociety-ng.org
Website: www.intersociety-ng.org
Obianuju Igboeli, Esq., LLB, BL; LLM
Head, Civil Liberties & Rule of Law Program
Chinwe Umeche,
Esq., LLB, BL
Head, Democracy & Good Governance Program
FINAL LETTER TO UN, WORLD POWERS AND INTERNATIONAL COMMUNITY
By Mazi ifeanyi chijioke
(For Family Writers) We have lost our voice to the wailing for justice, intervention and call to order; our tears fill drums after drums and our blood spill for no apparent reason, from the pool of the blood of Biafrans and arrest of our Leader we have lifted a spirit. We are victims of the law and we are being forced to take up arms for self- defense as the law cannot guarantee our safety anymore. Genocide was carried on Biafrans in 1967 and the world kept silent hence giving perpetrators boost to go further, Biafrans are victims of religious difference in the Northern Nigeria and in thousands have we lost our own even as Boko haram made us their prime target by virtue of victims' statistics.
Biafrans are victims of tribalism in western
Nigeria, deported and businesses destroyed, threatened to be thrown into the lagoon if
we did not vote APC or we go away from their land even though what feeds this contraption
called Nigeria is gotten from our land at our detriment. women
protesting for the release of Nnamdi Kanu These and many more prompted our
strong resolve to go back to the country we were before we were forced
into Nigeria to enjoy freedom and right to
live hence we are not wanted in Nigeria, we are conquered people and as such are slaves, subjugated and marginalized so we seek freedom. UN and World Leaders, was the 2007 chatter on the rights of indigenous people signed into law a fraud? Why death, incarceration, kidnapping and all sort of unlawful acts meted on us?
We are strictly abiding by the law of the world, why this alarming silence?
We the
indigenous people of Biafra had been confronted with illegal detention, kidnap, death and mayhem. On 30th of August three Biafrans were shot to death by Nigerian joint team of Navy and Police while over thirty sustained various degrees of gun injuries. Our crime was peacefully sharing fliers in Onitsha.
On 14th of October, the leader of indigenous
people
of Biafra was arrested in his hotel room at Golden tulip essential airport hotel, located at 42/44 Murtala Muhammad airport road- Lagos for no crime or charge, hounded by Nigerian DSS agents to their detention facility in Abuja against his will, tortured and locked with terrorists that endangered his life as his crimes were not spelt out. We all-Biafrans peacefully came out to ask for his release then our mothers were shot in Awka Anambra State by Nigeria police, our fathers and youths arrested in Enugu and all over Biafra land, they came down heavily on us with fire arms.
We are Biafrans and they are arming us, this British-Nigeria
government has declared executive
lawlessness on us, the law has lost its wielding sword for us and now must we defend ourselves, we have utilized all options left and last line of defense must be drawn by our own hands. Nigeria has provoked us and chased us to the wall, recall that we are Biafrans who bravely fought for three years with nothing or preparation then imagine now, we are born- scientists that can move mountain of war to defend ourselves and embracing the law is not a sign of weakness or cowardice. We have hit the wall and have no other place to run to, but rebound and face our pursuer eyeball to eyeball. |
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