Biafra killings: Adegboruwa asks court to stop security agents

      

Lagos lawyer and human rights activist, Ebun-Olu Adegboruwa, has filed a new suit at the Federal High Court, Lagos, asking the court to halt the constant invasion of Biafra protests by soldiers and policemen, leading to severe human casualties.
The respondents in the suit are the President, Maj-Gen Muhammadu Buhari, the Federal Republic of Nigeria, the Hon Attorney-General of the Federation, the Inspector-General of Police, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff.
Adegboruwa is claiming that all Nigerian citizens are granted the right of free assembly and association, under section 40 of the 1999 Constitution and also the freedom of expression, under section 39 of the same Constitution. He is, therefore, contending that members of the Independent Peoples of Biafra, IPOB, are entitled to assemble together in any part of the country, for the purpose of demanding for self determination, without any permit or licence. And when they so decide to gather, the police, the army, or indeed other security agencies are not entitled to invade their gathering, or to shoot them or to arrest and detain them, as was done in most parts of the South East, last week. He, therefore, wants the court to affirm the rights of citizens to express themselves on any areas of grievance without let or hindrance from the security agencies.

In the new suit, No. FHC/L/CS/775/2016, Adegboruwa is seeking the following reliefs:

“A. A DECLARATION that the applicant and all other citizens of Nigeria are entitled to gather, assemble freely and express their opinions lawfully in the exercise of their fundamental rights guaranteed under sections 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 2, 3, 4, 5, 6, 7, 9, 10 (1), 11, 20 and 28 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria 1990 and is illegal, unconstitutional, null and void.
B. A DECLARATION that the arrest, detention and killings of innocent and unarmed citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State (all of the Igbo tribe) while gathering in Nkpor, Ifite-Dunu and Nnewi in Anambra State of Nigeria on the 30th day of May, 2016 to commemorate the International Biafra Heroes’ Remembrance Day by the respondents, their servants and privies constitutes a flagrant violation of the citizen’s fundamental rights guaranteed under sections 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles2, 3, 4, 5, 6, 7, 9, 10(1), 11, 20 and 28 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria 1990 and is illegal, unconstitutional, null and void.
C. A DECLARATION that the arrest, detention and killings of innocent and unarmed citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State by the respondents, in respect of Biafra peaceful and lawful gathering, constitutes a flagrant violation of the citizens’ fundamental rights guaranteed under sections 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 2, 3, 4, 5, 6, 7, 9, 10(1), 11, 20 and 28 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria 1990 and is illegal, unconstitutional, null and void.
D. A DECLARATION that the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State are entitled to their freedom of expression and right to peaceful assembly and association without let or hindrance from the respondents, their agents, servants, officers or otherwise howsoever in, exercise of their fundamental rights guaranteed under sections 39 and 40 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 2, 3, 4, 5, 6, 7, 9, 10(1), 11, 20 and 28 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria 1990.
E. A DECLARATION that the statutory duties of the respondents does not cover or extend to interrupt peaceful and lawful assembly willingly organized by the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State to honour their fallen heroes and therefore is not entitled to arrest or detain or kill any innocent and unarmed citizen on account of International Biafra Heroes’ Remembrance Day.
F. A DECLARATION that the investigative activities of the respondents into the peaceful and lawful assembly in honour of Biafra Heroes’ Remembrance Day organized by citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State is ultra vires the respondents, and is therefore unconstitutional, null and void.
G. A DECLARATION that since the Federal Government of Nigeria is entitled to hold and organize “Armed Forces Remembrance Day” in remembrance of dead soldiers during the civil war, the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State are also entitled to hold and organize “Biafra Heroes’ Remembrance Day” without any threat to their liberty and freedom in exercise of their fundamental rights guaranteed under sections 39 and 40 of the Constitution of Federal Republic of Nigeria, 1999 and Articles 2, 3, 4, 5, 6, 7, 9, 10(1), 11, 20 and 28 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap . 10, Laws of the Federation of Nigeria 2004.
H. A DECLARATION that the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State are entitled to decline to participate in any meeting, conference, dialogue or forum organized, convened or summoned by the respondents in respect to the International Biafra Heroes’ Remembrance Day massacre involving the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State without any threat to their liberty and freedom in exercise of the citizen’s fundamental rights guaranteed under sections 39 and 40 of the Constitution of Federal Republic of Nigeria, 1999 and Articles 2, 3, 4, 5, 6, 7, 9, 10(1), 11, 20 and 28 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 2004.
I. AN INJUNCTION restraining the Respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from further violating the fundamental rights of the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State through unlawful arrest, detention and killing except and in a manner permitted and sanctioned by law.
J. AN INJUNCTION restraining the respondents whether by themselves, their servants, agents, officers or otherwise howsoever from compelling the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State, either by threat of arrest, detention, persecution, prosecution or killing to attend any meeting convened by the respondents for the purposes of inquiry and investigation about the International Biafra Heroes’ Remembrance Day massacre.
L. AN INJUNCTION restraining the respondents whether by themselves, their servants, agents, officers or otherwise howsoever from further arrest, detention, persecution, prosecution, killing or in any other manner taking steps that may jeopardize the liberty, freedom and life of the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State except and in a manner permitted and sanctioned by law.
M. AN ORDER that the respondents whether by themselves, their servants, agents, officers or otherwise howsoever are not entitled to quell, suppress, subdue and crush a peaceful gathering of the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State in commemoration of Biafra Heroes’ Remembrance Day.
N. AN ORDER directing the respondents to release forthwith all innocent citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State held in their custody in respect of International Biafra Heroes’ Remembrance Day.
O. AN ORDER nullifying and voiding actions of the respondents over the massacre of innocent and unarmed citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State in Nkpor, Ifite-Dunu and Nnewi all in Anambra State of Nigeria on the 30th day of May, 2016 while commemorating the International Biafra Heroes’ Remembrance Day to the extent that it violates the liberty and freedom of the citizens of Anambra State, Enugu State, Imo State, Abia State and Ebonyi State as guaranteed under sections 39 and 40 of the Constitution of Federal Republic of Nigeria, 1999 and Articles 2, 3, 4, 5, 6, 7, 9, 10(1), 11, 20 and 28 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria 2004.
P. SUCH FURTHER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances.”
In a 34 paragraphs affidavit deposed to by the lawyer himself, Adegboruwa stated that he has had a rich history of activism right from his university days, till this moment and he listed instances of such struggles that he has embarked upon on behalf of the masses, as to qualify him to act on behalf of the Independent Peoples of Biafra and other Nigerians. He stated further that unless the court acts urgently to restrain the respondents, they will continue to kill and maim IPOB members and stop other Nigerians from expressing themselves.
No hearing date has been fixed for the new suit.