Femi Falana, SAN wants court to stop planned nationwide operation identification
See summary of suit number FHC/L/CS/1939/19, below:
AN ORDER OF INJUNCTION restraining the Nigerian Army from embarking on the nationwide operation scheduled for Nov. 1, 2019 to Dec 23rd 2019
See summary of suit number FHC/L/CS/1939/19, below:
AN ORDER OF INJUNCTION restraining the Nigerian Army from embarking on the nationwide operation scheduled for Nov. 1, 2019 to Dec 23rd 2019
By virtue of Section 215 (3) of the Constitution, 1999 as amended, the Nigeria police force has been conferred with the exclusive power to maintain law and order and secure public safety and public order in the country.
Section 217 (1) of the Constitution empowers the president to deploy the armed forces for the suppression of insurrection and acting in aid of civil authorities to restore law & order, but the power cannot be exercised until there is an insurrection which police can't contain
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 1st November, 2019 to December 23rd, 2019.
Neither the Constitution nor the Armed Forces Act has empowered the Nigeria Army to arrest any citizen who is not subject to service law.
The Army is not empowered to take over police duties and the President 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.
The planned nationwide operation scheduled for November 1, 2019 to December 23rd 2019 tagged Operation Positive Identification (OPI) by which Nigerian citizens would be required to move about with legitimate means of Identification is unconstitutional, illegal, null and void
The OPI violates the rights of the Applicant and other Nigerian citizens to freedom of movement as encapsulated in Section 41 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Article 12 respectively of the African Charter on Human and Peoples Rights
The planned nationwide operation scheduled for November 1, 2019 to December 23rd 2019 tagged Operation Positive Identification (OPI) is unconstitutional, illegal, null and void as it violates the rights of the Nigerian citizens to liberty
