A Federal High Court sitting in Lagos, Southwest Nigeria on
Tuesday ordered the Nigerian Army and its Chief of Army Staff (COAS) to suspend
the ongoing Operation Positive Identification.
The presiding Judge, Rilwanu Aikawa ordered both parties to
maintain status quo pending the determination of substantive suit filed by
Human right activist Femi Falana, SAN.
Mr Falana is seeking, an order stopping the operation.
The COAS, the Nigerian Army and the Attorney-General of the
Federation are respondents in the suit.
When the matter was mentioned, none of the respondents was
in court.
Falana told the court that the respondents had been served
with the court processes and that the proof of service was in the court’s file.
This was confirmed by the court.
However, Principal State Counsel from the Ministry of
Justice, prayed the court to grant an adjournment to enable the
Solicitor-General, Mr Dayo Apata, to handle the matter personally and also give
the respondents time to harmonise their positions.
Mr Falana did not raise any objection.
The presiding Judge, Justice Aikawa granted his application,
saying that “in view of the agreement between both counsels, I ordered the
Nigerian Army and Chief of Army staff to maintain status quo, pending the
determination of the case.”
He,thereafter, adjourned further proceedings till November
18, 2019.
In the suit, Mr Falana contended that the planned nationwide
operation which will run from November 1, to December 23, 2019, by which
Nigerian citizens would be required to move about with means of identification
is unconstitutional, illegal, null and void.
He further stated that the operation violates his right and
that of other Nigerian citizens to liberty, “as stated in Section 35 of the
Constitution of the Federal Republic of Nigeria, 1999 as Amended and Article 6
of the African Charter on Human and Peoples Rights (Ratification and
Enforcement) Act, (Cap A10) Laws of the Federation of Nigeria, 2004.”
Consequently, he is seeking an interim order restraining the
respondents from going on with the plan pending the hearing of the substantive
suit.
In a supporting affidavit sworn to by a lawyer Mr Taiwo
Olawanle, the plaintiff recalled that on October 8, 2019 the Chief of Army
Staff, Lt.-Gen. Tukur Buratai disclosed that the Operation Positive Identification,
said to be on going in the North East theatre of Boko Haram insurgency war
would be extended to cover the entire nation.
He said the operation required Nigerian citizens to move
about with legitimate means of identification such as the National Identification
Card, Voters Registration Card, Drivers’ Licence and passports or other valid
official identification.
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