A Lagos-based Rights Campaigner, Malcom Omirhobo, on Wednesday
asked a Federal High Court in Abuja to declare as ‘unlawful and
unconstitutional,’ the declaration of Operation Python Dance across
the nation.
The applicants in the suit labelled FHC/ABJ/CS/01/2019, are
Omirhobo and Board of Incorporated Trustees of Malcom Omirhobo
Foundation.
Joined as respondents are the Attorney General of the
Federation, the National Assembly, the Inspector General of Police,
the Nigeria Police Council, Police Affairs Commission, as well as
the various Nigerian service chiefs.
The applicant is seeking the court’s declaration that the
commencement of a nationwide Operation Python Dance, with effect
from January 1 to February 28, to tackle internal security
challenges during the conduct of the country’s general elections is
illegal and undemocratic.
According to him, it violates the fundamental rights of the
applicant, as well as those of the Nigerian public, to life,
dignity of human person, personal liberty, family and private life,
freedom of expression, peaceful assembly and association, and
freedom of movement.
The applicant wants the court to declare that it is the primary
responsibility of the Police to tackle internal security challenges
such as kidnapping, terrorism, militancy and proliferation of arms,
and not that of the Armed Forces or military.
He seeks a declaration that the use of the military to perform
the functions of the Police in the conduct of the 2019 elections is
illegal, unlawful and unconstitutional.
The applicant is, therefore, seeking a court order compelling
the respondents to respect the fundamental rights of the applicant
as well as those of Nigerians, by allowing the Police to perform
its statutory role of enforcement and maintenance of law and
order.
He seeks an order that the respondent clears off the military
from the public spheres and stops forthwith, the use of “Operation
Python Dance” in the conduct of the 2019 general elections.
Omirhobo also wants an order compelling the police to take
charge of the enforcement and maintenance of law and order in their
various commands, before, during, and even after the general
elections.
Besides, the applicant seeks an order of perpetual injunction,
restraining the respondents from using the military to perform the
duties of the police, in the enforcement and maintenance of law and
order, before, during, and after the conduct of the 2019 general
elections.
He seeks an order, for the enforcement of his fundamental
rights, and those of the Nigerian public, to life, dignity of human
person, personal liberty, as well as private and family life.
No date has been fixed for hearing of the suit.
(NAN)
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