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.


Get your FREE download of MSN Explorer at http://explorer.msn.com