The Indigenous People of Biafra
(IPOB) has dragged 16 Nigerian officials to a United States District Court for
the District of Columbia, for their complicity in the alleged extrajudicial
killings of its members.
The officials dragged to court
were: Tukur Yusuf Buratai; Lawal Musa Daura; Ibrahim Attahiru; M.I. Ibrahim;
Kasim Umar Sidi; Issah Maigari Abdullahi; Solomon Arase; Ibrahim Kpotun Idris;
Okezie Ikpeazu; Willie Obiano; Habila Hosea; Peter Nwagbara; James Oshim
Nwafor; Hosea Karma; Bassey Abang; and Johnson Babatunde Kokomo.
The suit is grounded on two
muscular United States’ statutes; the Alien Tort Claims Act (ATCA or ATS – the
Alien Tort Statute); and the Torture Victims Protection Act (TVPA).
Both laws have extra-territorial
reach, meaning that they allow US federal courts to assert long-arm
jurisdiction that extends beyond the borders of America.
In a statement, IPOB’s Media and
Publicity Secretary, Emma Powerful said: “Beyond the latest processes, and at
the ensuing trial, Buratai, Ikpeazu, Obiano and others will be required to
personally appear before the US court to testify under oath and probing
cross-examination that will dwell on the details of the IPOB killings and the
complicity of other unnamed Nigerian officials”.
“In a counter Motion filed on
February 6, 2018, the US-based lawyers for the Biafran plaintiffs (IPOB) who
brought suit against some Nigerian officials have strongly urged a United
States federal court to proceed to trial on the merits, stressing the damning
fact the the US State Department has rejected a request from the Buhari-led
Nigerian government for the State Department to intervene and stop the suit
based on the sovereign immunity defense”.
“At Page 4 of the 35-page Motion
obtained by IPOB, our lawyers stated that “Despite an overture by the
Government of Nigeria, the United States Department of State has refrained from
suggesting any Defendant is immune from Plaintiffs’ TVPA claims under federal
common law or otherwise. Neither has the State Department suggested that any
Defendant is a head of state in Nigeria”.
“The counter Motion was
necessitated by a motion filed by defence lawyers to dismiss the suit based on
grounds that included the act of state doctrine, lack of jurisdiction and
sovereign immunity. Dr Bruce Fein and associates, lawyers to IPOB argued
in-opposite that such defenses are not allowed under the Statutes upon which
the suit was brought”.
“IPOB’s counsel also argued that
defence Motions are questionable because the defense lawyers are, before the
court, fighting amongst themselves as to who should be recognized to represent
the defendants. Abia state governor Okezie Ikpeazu and Willie Obiano of Anambra
State hired two law firms each and both sets of lawyers were fighting as to who
will represent them in court”
“We are not relenting in our
pursuit of those responsible for the death of hundreds of innocent Biafrans,”
Powerful stated.
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