Operation Positive Identification: Court Fixes Date For Hearing Of Preliminary Objection

Justice Mohammed Aikawa of a Federal High Court in Lagos on
Thursday fixed a date for the hearing of the preliminary objection
filed by the Nigerian Army against the suit filed by a Senior
Advocate of Nigeria (SAN), Femi Falana to challenge the Operation
Positive Identification (OPI).

The judge had on earlier November 5, ordered the Army to suspend
the operation pending the final determination of the suit.

An earlier hearing date for yesterday, but the courts new date
was fixed as a result of Mr Falana’s application seeking for short
adjournment for him to respond to the respondents’ application.

Counsel representing the Army and the chief of Army Staff (1st
and 2nd respondents), Mrs. Olayemi Badewole, didn’t oppose the
applicant’s application for short adjournment.

The solicitor general of the Federation, Dayo Apata (SAN), who
represented the Attorney General of the Federation (third
respondent) did not also oppose it.

In the absence of any opposition from other parties, the court
fixed the new date, December 12, for hearing.

The Chief of Army Staff, Lieutenant General Tukur Buratai, the
Army and the Attorney-General of the Federation were joined as
co-respondents in the suit marked fhc/l/cs/1939/2019.

In the suit, Mr Falana argues that the planned nationwide
operation which was scheduled to 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,
and null and void.

He insisted that the 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.”

In an affidavit in support of the suit, Falana disclosed 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 further contended that the President could only deploy
military to suppress insurrection or restore law and order when
such need arises in line with section 217(1) of the
constitution.

The silk averred that there is no insurrection in every part of
the country which is beyond the control of police to warrant the
deployment of armed troops all over the country from November 1,
2019 to December 23, 2019.

According to him, the Nigerian Army under the leadership of
Lieutenant General Tukur Buratai is not empowered to take over
police duties while the President and Commander In Chief of the
Armed Forces also 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
constitution.

He added that neither the constitution nor the armed forces act
cap a20 lfn, 2004, empowered the Nigeria Army to arrest any citizen
who is not subject to service law.