COMMITTEE ON GENOCIDE.
EKWE NCHE.Pages 40-49
5. The issue, to my mind, is not now whether genocide is being committed in Biafra or not. The Biafran authorities have accused Nigeria of committing genocide in Biafra, and the Nigerian authorities have replied that the genocide being committed is being done by the Biafran authorities. At least between these two parties there is a common ground, and that is that there is genocide in Biafra. It is for this Committee on the available evidence, and from the evidence of its investigators, to satisfy itself that this genocide is not being committed by the Biafran authorities, but by the Nigerian authorities. 6. It is noteworthy to observe that the attitude of the Nigerian authorities to relief flights by international charitable Organisations is another evidence of its intention to fulfil the 7-point programme. It is acknowledged by all and sundry, including Nigerian authorities, that there is such famine in Biafra, which takes the toll of at least 1,000 lives a day - the lives of mostly children and old people who are not engaged in the armed conflict, yet the Nigerian authorities, on the illegitimate excuse that "starvation is an instrument of war", have seen in this situation a way of further putting into effect the completion of their 7-point programme, which they have so far failed to accomplish by military means. The present blind insistence on a military solution,, thus prolonging the war, is seen by them as an easy way out to fulfil the 7-Point programme. 7. It is impossible for the so-called International Observer Team, appointed by the Nigerian authorities to clear them of genocide, to have an objective look at the situation. It is a queer situation where a judge has to go to the accused person and, on the evidence of the accused person, to find him not guilty. The International Observer Team has failed to visit Biafra, to listen to the complaints of the Biafrans, for it is the Biafran complaint which is being investigated. It is also interesting to note that the "International Observer Team", which has found no signs of genocide in the conflict, have been unable to explain the Nigerian charges of genocide against Biafran Page 40 Contd.../ authorities, as contained in the papers submitted to the Organisation for African Unity Consultative Committee in Addis Ababa. In all the cases the Nigerians' "International Observer Team" visited selected sites, and even for that matter, at least a month after the events had taken place. Despite the Okigwe massacre of European relief workers of the International Red Cross, and World Council of Churches, together with over 100 Biafran civilians, whom they had persuaded to take refuge with them at the Red Cross posts, the "International Observer Team" have seen no overtones of genocide. THE PRAYER On the basis of the foregoing observations, contained in this Complaint, and also in the exhibits put before the Directorate of the 'International Committee for the Study of the Crime of Genocide', and on the basis of evidence adduced before this International Conference with regard to the merits of the Complaint, and reserving all its rights with regard to the said merits, the Government of the Republic of Biafra has the honour to lay before the Directorate of the 'International Committee for the Study of the Crime of Genocide', and the Panel of International Jurists, to hold and declare that members and responsible officers of the Government of the Federation of Nigeria are guilty of a crime against humanity. 1. That the said members and officers of the Government of the Federation of Nigeria are guilty of an international crime for acts committed with intent to destroy the peoples of Biafra for racial and religious reasons (this Prayer finds its basis on Article 2 of the Substantive Criminal Law of Genocide, adopted by the United Nations General Assembly, 1948). 2. That a Declaration be made that members and officers of the Government of the Federation of Nigeria, who shall be found to have committed the said crimes, or to have conspired with those committing the crimes, be punished, irrespective of whether they are constitutionally responsible rulers, or public Page 41 Contd.../ officials. (This Prayer finds its basis on Article 4 of the Substantive Criminal Law of Genocide, adopted by the United Nations General Assembly, 1948). Furthermore, it might be found relevant to quote United Nations Resolution No. A/7342 of the 27th November, 1968, regarding the "Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity", as support for this Prayer. 3. That a Declaration be made, justifying the legislation of the Government of the Republic of Biafra, declaring the criminal acts committed against the peoples of Biafra as crimes under Biafran law, and also providing effective penalties for persons found guilty of the said crimes. (This Prayer finds its basis on Article 5 of the Substantive Criminal Law of Genocide, adopted by the United Nations General Assembly, 1948). 4. That a Declaration be made, justifying the setting up in Biafra of a Military Tribunal, as the competent tribunal of the State in the territory where these acts have been committed. (This Prayer finds its basis on Article 6 of the Substantive Criminal Law of Genocide, adopted by the United Nations General Assembly, 1948). 5. That a Declaration be made, requesting any of the states of the International Community, in whose territory any person found guilty of having committed any of the crimes, condemned in the "Substantive Criminal Law of Mankind" to grant extradition of such persons in order that they might be tried in accordance with the Law. (This Prayer finds its basis on Article 7 of the Substantive Criminal Law of Genocide, adopted by the United Nations General Assembly, 1948). 6. That a Communication, declaratory of the findings of this Directorate, be made available to the Secretary-General of the United Nations Organisation, and also that the Directorate empowers its Secretary-General to address copies of the Communique to be issued to the competent organs of the United Nations Organisation, including the International Court Page 42 Contd.../ of Justice; The United Nations Educational, Scientific and Cultural Organisation; The Human Rights Committee of the United Nations; The United Nations International Childrens' Emergency Fund; and the World Health Organisation; and any other Organisations that be found appropriate. (This Prayer finds its basis on Article 8 of the Substantive Criminal Law of Genocide, adopted by the United Nations General Assembly, 1948). 7. That the Communique, declaratory of the findings of this Directorate, be made available to the Registry of European Human Rights Committee, and that the Secretary-General of the International Committee for the Study of the Crime of Genocide (known hereafter as the 'C.I.E.G', be empowered so to do. 8. That the Communique, declaratory of the findings of this Directorate, be made available to the Registry of the Organisation of American States, and that the Secretary-General of the 'C.I.E.G' be empowered so to do. 9. That the Communique, declaratory of the findings of this Directorate, be made available to the Secretariat of the North Atlantic Treaty Organisation, and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. 10. That the Communique, declaratory of the findings of this Directorate, be made available to the Secretary of the Warsaw Pact Organisation of East European States, and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. 11. That the Communique, declaratory of the findings of this Directorate, be made available to the Organisation of African Unity, and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. 12. That the Communique, declaratory of the findings of this Directorate, be made available to the Government of the Federation of Nigeria and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. Page 43 Contd.../ 13. That the Communique, declaratory of the findings of this Directorate, be made available to Her Majesty's Government of the United Kingdom, and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. 14. That the Communique, declaratory of the findings of this Directorate, be made available to the Government of the Union of Soviet Socialist Republics, and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. 15. That the Communique, declaratory of the findings of this Directorate, be made available to the Government of France, and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. 16. That the Communique, declaratory of the findings of this Directorate, be made available to the Government of Germany, and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. 17. That the Communique, declaratory of the findings of this Directorate, be made available to the Government of Sweden, and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. 18. That the Communique, declaratory of the findings of this Directorate, be made available to the Government of Norway, and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. 19. That the Communique, declaratory of the findings of this Directorate, be made available to the Government of Denmark, and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. Page 44 Contd.../ 20. That the Communique, declaratory of the findings of this Directorate, be made available to the International Committee of the Red Cross; Amnesty International; Caritas and any other organisations who, according to the Directorate of the 'C.I.E.G.' might be found appropriate, and that the Secretary-General of the 'C.I.E.G.' be empowered so to do. London 1969 P. Kedy Nwokedi Agent and Representative of the People and Government of the Republic of Biafra. Page 45 AFFIDAVIT I, Chief Ramond Akpan Orok of Urua Inyang village, the Clan Head of Ika, Abak Division Annang Province, and the Camp Director of Urua Inyang Group of Refugee Camps, aged 58 years, do hereby solemnly and sincerely declare as follows: 1. That on the 4th of October, 1968, at about Eleven O'clock in the morning when I was in my Office, the Nigerian Soldiers entered Urua Inyang through Azumini Road. They cut off the Biafran soldiers at their defence position at Nto Udo Enwan, although there were still some Biafran Soldiers at Urua Inyang proper. 2. That the Nigerian soldiers started firing and mortaring with a machine mounted on one Land Rover. On that day there was a full market in session. They scattered the market with the bullets and mortar bombs. Many people were killed in the market and around. When the shootings were going on, I left my office and stood at the back of it facing the market place. The shootings continued. As the shootings progressed, I tried to escape into a nearby bush where I hid myself. 3. That apart from Urua Inyang being a market town, it contained 8 refugee camps at varying distances, with a population of about 20,000 inmates. There was a great stampede and the firing was so indiscriminate that many refugees lost their lives and several others were injured. 4. That the incident took place when the members of the Abak Divisional Branch of the Biafran Red Cross was holding a meeting in one of the refugee camps. The Secretary of the Red Cross team was killed. 5. That I made this declaration conscientiously believing same to be true and by virtue of the Oaths Acts of 1963 and that I fully understand that if I have made any statement which is to my knowledge false in any material issue, I am guilty of felony under Section 192 of the Criminal Code and liable to imprisonment for three years. (Signed) DECLARANT Sworn before me this 15th day of January 1969 At the Provincial Office, Umuahia. (Signed) Commissioner for Oaths Declaration fee of 12/6 paid. R/C/C. No. Z 341390 dated 15th January 1969 Page 46 AFFIDAVIT I, John Samuel Akpaidick of Utu Abak in Abak Division of Annang Province, aged 29 years and a teacher by profession do hereby solemnly and sincerely declare as follows: 1. That I had been a Refugee among others at Urua Inyang since April, 1968. The population of the Refugees at Urua Inyang was increasing every day and, by the end of September, it had risen to about 20,000. These were made up of the Annangs, the Ibibios, the Ogonis and the Ndokkis. 2. That on the 4th of October, 1968, at about Eleven O'clock in the morning the Urua Inyang market was already thickly peopled, others were still going and returning from the market. The aged refugees were sunning themselves outside and children were playing about while I attended a Red Cross (the Abak Local Red Cross) meeting in one of the School's rooms. Suddenly, we heard, at very close quarters, firing of guns and mortaring sounds. The sounds became unbearable, we could not know what was happening. Biafran troops were at this time 4 1/2 miles in front of Urua Inyang. 3. That amidst these confusions the Local Red Cross meeting was closed by members panicking outside, some jumping through the windows while others scrambled through the doors. 4. That by the time I found myself outside the Nigerian Troops were already a few yards to the camp. I saw three tall Nigerian soldiers hanging up special guns on their necks and spraying bullets as they advanced forward. Other soldiers flanked the two sides of the camp firing their guns indiscriminately. I also saw a land rover mounted with a heavy artillery following the troops behind and mortaring as it drove slowly forward. 5. That many of the Refugees were killed in the camp before I ran out through the market. At this time, the market was flooded with blood and pieces of human flesh. 6. That before my escape into a nearby bush my left leg was hit by a bullet. I could not rest until I had reached Abala where I saw some Biafran Troops. 7 . That before this time a second cousin of mine, who escaped from Abak in July had told me, that the vandals had gunned down my aged father, Chief Samuel Akpaidick after they had burnt down our compound, for the old man not being able to say where his children had been. 8. That I made this declaration conscientiously believing same to be true and by virtue of the Oaths Acts of 1963 and that I fully understand that if I have made any statement which is to my knowledge false in any material issues I am guilty of felony under Section 192 of the Criminal Code and liable to imprisonment for three years. (Signed) DECLARANT Sworn before me this 15th day of January 1969 At the Provincial Office, Umuahia. (Signed) Commissioner for Oaths Declaration fee of 12/6 paid R/C/R/ No. Z 341391 dated 15th January 1969 Page 47 STATUTORY AFFIDAVIT I, Frank Chukwuma IBEGBU, Biafran citizen, Det. Police Corporal No. 3684, Police Officer, Biafra Police HQs. Onitsha aged 41 years make oath and state as follows:- 1. That I am a Biafran citizen aged 41 years. 2. That I was present at Onitsha on 20th March, 1968 when Nigerian troops suddenly entered the Township about 3 p.m. 3. That I was detailed as my duty by my Commission to stay behind in order to observe the conduct of Nigerian troops in Onitsha. 4. That at the time of the said entry, Biafran soldiers had evacuated from Onitsha and very few civilians, old men and women and some few individuals who believed on Nigerian radio assurances of safety stayed behind. 5. That of the total Onitsha population of about 100,000 people about 2,000 stayed behind. 6. That I was hiding from house to house in my attempt to observe what was happening and helping some trapped civilians to escape. 7. That I saw Nigerian troops shooting down every man, woman and child found on the street. 8. I saw Nigerian troops breaking into houses dragging out old men and women forcing them at gun point to shout "One Nigeria" and thereafter lining them up and shooting them down with automatic weapons. 9. That I saw women being raped on the streets before they are killed. 10. That in a church in Inland Town Onitsha several worshippers (about 500 strong) who were praying were besieged by Nigerian troops, the men were separated from the women and all the men were shot dead. 11. That it took me two days of hiding and dodging the Nigerian troops from one part of the town to another before I could escape by bush paths out of the enemy occupied areas. 12. That I make this affidavit truly by virtue of the Oaths Act 1963. (Sgd.) Deponent DATED this 22nd day of January 1969 Sworn before me (Sgd.) C. N. Obiadi Commissioner for Oaths Page 48 AFFIDAVIT OF ROBERT WELE I, Robert Wele of Owaza a farmer and Biafran citizen make oath and say as follows:- 1. That I am a citizen of the Republic of Biafra now a refugee at Eziama Ntigha Northern Ngwa. 2. That the Nigerian Army invaded my village of Owaza on the 12th of August 1968. 3. That I was present at the said Owaza when the invasion took place. 4. That the enemy entered Owaza through a narrow bridge very close to my house. 5. That the whole village was taken unawares, and several people were trapped by the enemy. 6. That during the stampede most of the villagers fell to the enemy. 7. That the following who were with me were deliberately shot by the Nigerian soldiers that is to say: Wele Ololue my aged father, Lazarus Worgu and Joseph Okoro. 8. That I managed to escape by plunging into the swamp. 9. That at last I discovered that over one thousand people were killed at Owaza. 10. That many of the dead were refugees from Ogoni, Eleme, Etche, Ndoki who were then camped at Owaza. 11. That the village was burnt down as the enemy attacked every thing that moved. 12. That I make this affidavit conscientiously believing same to be true to the best of my knowledge. (Signed) DECLARANT Sworn at the J.P.'s Office Okpualangwa this 20th day of January 1969. Before me, (Signed) Commissioner for Oaths Page 49 ---------------------------------------------------------------- COMMITTEE ON GENOCIDE. EKWE NCHE.