Some elders and politicians in Kano State have asked a Federal High Court in Abuja to compel the Senate President and Speaker of the House of Representatives to hasten the exit of the south-east before concluding an ongoing amendment to the country’s constitution.

The request for the court order to compel the hastening of the south-east’s exit from Nigeria formed one of the three prayers sought in a suit marked FHC/ABJ/CS/538/2021 which was instituted by a group of elders and politicians from Kano State, Nastura Ashir Shariff, Balarabe Rufa’I, Abdul-Aziz Sulaiman and Aminu Adam.

In their suit, they averred in a supporting affidavit that their action was informed by the need to stem the tide of violence and destruction allegedly occasioned by the agitation for secession, championed by the Nnamdi Kanu-led Indigenous People of Biafra (IPOB).

The plaintiffs claimed that they did not want a repeat of the 1967 to 1970 civil war in Nigeria that cost the nation many innocent lives and property worth billions of naira.

Listed as defendants in the suit are the Attorney General of the Federation (AGF), the Senate President, the Speaker of the House of Representatives and the National Assembly.

The plaintiffs prayed the court for the following reliefs:

1. A declaration that by the combined effect of the provisions of Section 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and Articles 1, 2, and 20(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004, the 4th defendant ), the National Assembly is empowered to set in motion a framework for a referendum to allow the South-eastern region of the Federal Republic of Nigeria to decide on their bid for self-determination;
2.  A declaration that in view of the provisions of Articles 1, 2, 4, 14 and 20(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004, the 2nd and 3rd defendants (the Senate President and House of Reps Speaker) have the power to call for a joint session of both Chambers of the 4th defendant to deliberate on the agitation for self-determination by the South-eastern states of the Federal Republic of Nigeria; and
3. An order directing the 2nd, 3rd and 4th defendants to provide a framework that will pave the way for the self-determination of the South-eastern states so as to leave the geographical entity called Nigeria before any further step is taken to further amend the Constitution of the Federal Republic of Nigeria.

The first plaintiff in the suit, Shariff, stated in the supporting affidavit he deposed to that IPOB, founded by Nnamdi Kanu, has been agitating for self-determination through the creation of the Independent State of Bafra from the Federal Republic of Nigeria.

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“The agitations of the IPOB have been going on for about a decade, despite their proscription by the Federal Government of Nigeria about three years ago.

“Even before the emergence of the Indigenous People of Biafra (IPOB), there was a group at the south-eastern part of Nigeria known as the Movement for the Actualization of the Sovereign State of Biafra (MASSOB) under the leadership of one, Chief Ralph Uwazuruike.

“The main objective of the group mentioned in the immediately preceding paragraph is also the creation of the Independent State of Biafra, away from the Federal Republic of Nigeria.

“Long before the emergence of the Indigenous People of Biafra (IPOB) and the Movement for the Actualization of the Sovereign State of Biafra (MASSOB), there was a move by the people of the south-eastern part of Nigeria formerly Eastern Region led by the late Col. Odumegwu Ojukwu to secede from the Federal Republic of Nigeria.

“The secession attempt by the people of the then Eastern Region under the leadership of the late Col. Ojukwu was directly responsible for the first Nigerian civil war between 1967 and 1970.

“The said civil war had claimed many innocent lives from both sides of the divide as well as destruction of property worth billions of Nara which was detrimental to the growth and development of the Federal Republic of Nigeria.

“The lessons of the civil war have faded in the minds of many Nigerians and a repeat of the carnage of the civil war is not necessary, going forward.

“The IPOB’s agitation for self-determination has turned violent against both the people of the south-east who are against their agitations and other Nigerians carrying out their lawful businesses within the south-eastern states of the Federal Republic of Nigeria.

“The IPOB through its militant arm — Eastern Security Network (ESN) — is responsible for the killings, expulsions and destruction of property of other Nigerians not belonging to the Igbo tribe.

“Resolving, with finality, the existential question of self-determination of any part of Nigeria is now more urgent, imperative and prevails over and above the issue of amending the Constitution of the Federal Republic of Nigeria.

“The Constitution of the Federal Republic of Nigeria can be further amended at any time after the question of self-determination must have been resolved by Nigerians.”

The Chief Judge of the Federal High Court, Justice John Tsoho, has assigned the case to Justice Inyang Eden Ekwo and has been fixed for November 1, 2021 for hearing.

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