TD Human rights lawyer and activist Aloy Ejimakor has argued that demanding the creation of Biafra, even in strong or provocative language, should not be treated as a criminal offence.
Barrister Ejimakor urged the Nigerian government to pursue dialogue rather than imprisonment in addressing separatist agitation.
He made the call in a statement ahead of Nigeria’s 2027 general elections.
According to him, a genuine democracy should confront the grievances underlying the persistent demand for self-determination instead of relying on what he described as “draconian” law enforcement and judicial measures to suppress dissent.
According to him, the demand for self-determination is recognised under international principles and should not, by itself, be equated with terrorism or treason.
“Demanding a separate State is, unarguably, a fundamental human right recognized under the laws of nations. It’s not a crime,” Ejimakor wrote.
He argued that merely advocating for Biafra, regardless of how harsh or provocative the language may be, does not automatically amount to terrorism or treason.
Political Speech or Freedom of Expression?
Ejimakor also criticised the continued imprisonment of Mazi Nnamdi Kanu and other alleged members or supporters of the Indigenous People of Biafra (IPOB).
He described their detention over political speech or separatist positions as a dangerous precedent for freedom of expression.
“Free speech inherently includes the right to express controversial, unpopular and challenging political stances,” he said.
The lawyer maintained that imprisoning people for demanding self-determination could deepen ethnic and political divisions, fuel resentment and make it more difficult to address the grievances behind the agitation.
He argued that political engagement and dialogue, rather than criminal prosecution, should form the basis of efforts to resolve Nigeria’s separatist question.
“True nation-building requires dialogue and political engagement, not the criminalization of political aspiration, however inconvenient,” Ejimakor stated.
Ejimakor Cites Scotland, Catalonia
Ejimakor pointed to Scotland and Catalonia as examples in his argument for political approaches to self-determination.
He noted that Scotland held a referendum on independence, while Catalonia pursued a controversial independence vote.
He used the examples to argue that demands for self-determination have historically been addressed through political processes in different parts of the world.
“Many African and European states exist because people refused to remain under arrangements they rejected,” he said.
Ejimakor argued that strong rhetoric used in support of a political aspiration should not, without more, be treated as a criminal offence.
He further accused the Nigerian authorities of punishing what he described as political demands while failing to adequately address broader grievances concerning insecurity, perceived Igbo marginalisation and Nigeria’s federal structure.
“What is happening today is not a deserved prosecution or imprisonment. It is, instead, an unjust punishment of a political demand,” he said.
He also alleged that words and radio broadcasts were being treated as more dangerous than violent killings, particularly in northern Nigeria.
The assertion reflects his criticism of the government’s approach to separatist speech and national security.
Calls for Release Ahead of 2027
Ejimakor warned that criminalising political dissent could worsen existing tensions rather than produce lasting peace.
“A state that jails people for asking to leave while claiming to be democratic is not enforcing the law.
“It is enforcing fear and suppressing dissent by means of punishment,” he wrote.
He therefore called for dialogue and a political settlement to address the Biafra question.
He argued that imprisonment cannot provide a lasting solution to an increasingly persistent demand for self-determination.
Ejimakor ultimately urged the government to release what he described as “prisoners of conscience” before the 2027 general elections.
He noted that such a move would promote peace and political stability.
“Thus, for the sake of Nigeria’s peace and tranquility, the best way forward at this critical time is to free all prisoners of conscience before the 2027 general elections,” he said.
The statement comes amid continuing debate over the limits of freedom of expression, separatist advocacy, national security and the prosecution of individuals linked to the Biafra movement.
Ejimakor maintains that advocacy for self-determination should receive democratic protection.
Meanwhile, Nigerian authorities have historically argued that conduct associated with separatist movements can become subject to criminal law where it crosses into acts considered threats to public safety or national security.
