Senior Advocate of Nigeria, Femi
Falana has dragged the Nigerian Army, its Chief of Army Staff and the
Attorney-General of the Federation before the Federal High Court in Lagos over
the planned Operation Positive Identification by the military.
In the suit marked
FHC/L/CS/1939/2019, Falana said the planned nationwide operation scheduled for
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 argued that the planned
operation violates his right and that of other Nigerian citizens to liberty, as
encapsulated in Section 35 respectively 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.
The human rights lawyer also
filed an order seeking an interim injunction restraining the three defendants
from going on with the plan pending the hearing of the substantive suit.
In a supporting affidavit filed
along with the suit, Falana recalled that on October 8, 2019 the Chief of Army
Staff, Lt.-Gen. Tukur Buratai disclosed that the Operation Positive
Identification, said to be ongoing in the North East theatre of Boko Haram
insurgency 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.
He noted that the increase in
deployment of security forces nationwide would be with potential of movement
disruption, and the army had thus advised Nigerians to ensure that they always
carry valid means of identification.
Falana argued, through his
lawyers, Mrs. Funmi Falana and Taiwo Olawanle, who filed the suit on his
behalf, that by virtue of Section 215 (3) of the Constitution, the Nigeria
police force “has the exclusive power to maintain law and order and secure
public safety and public order in the country” and not the army.
He contended that going by
section 217(1) of the Constitution, the Nigerian President of could only deploy
the armed forces for the suppression of insurrection and acting in aid of civil
authorities to restore law and order.
But he said, “There is no
insurrection in every part of the country which the Nigeria police cannot
contain to warrant the deployment of armed troops all over the country from
November 1, 2019 to December 23, 2019.
“Neither the Constitution nor the
Armed Forces Act Cap A20 LFN, 2004 has empowered the Nigeria Army to arrest any
citizen who is not subject to service law.
“The 1st respondent (the Nigerian
Army) under the leadership of the 2nd respondent is not empowered to take over
police duties and the President and Commander in Chief of the Armed Forces
lacks the power to deploy members of the armed forces in the maintenance of
internal security in any part of the country by virtue of Section 217 (a) (b)
and (c) of the 1999 Constitution, as amended.”
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