Human rights lawyer, Femi Falana (SAN), has sued the Nigerian Army, it’s Chief of Army Staff and the Attorney-General of the Federation, praying for an order stopping the planned Operation Positive Identification by the army.
The suit marked FHC/L/CS/1939/2019 was filed before the Federal High Court in Lagos, saying that 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.”
He filed along with the suit 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.
“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.”