Operation Positive Identification: NBA Demands Explanation From The Nigerian Army

The Nigerian Bar Association demands an explanation from the
Nigerian Army over its planned operation positive identification
despite advice from the National Assembly and citizens.

In a statement signed by the National Publicity Secretary, Mr.
Kunle Edu, Esq., NBA views the insistence of the Nigerian Army to
continue the exercise with great concern. It says failure to
produce means of identification is not an offence in Nigeria.

NBA advises the Nigerian Army to carry out a public
enlightenment to explain the essence of the whole operation to
Nigerians and give them necessary assurances that the exercise
would be conducted in such a manner that will not infringe on the
fundamental rights of the citizens.

Below is the full statement:

OPERATION POSITIVE IDENTIFICATION: NBA CAUTIONS NIGERIAN
ARMY

The Nigerian Bar Association has confirmed that the Nigerian
Army has started preparations to commence what it termed ”
Operation Positive Identification ” in some parts of Nigeria. This
is inspite of the fact that the National Assembly of Nigeria and
prominent Nigerians have advised suspension of this exercise. The
Nigerian Bar Association views the insistence of the Nigerian Army
to continue with the exercise with great concern.

The government of the Federal Republic of Nigeria Nigeria
has a constitutional responsibility to ensure that the liberties
and rights of Nigerians, as guaranteed by the privisions of Chapter
4 of the Constitution of the Federal Republic of Nigeria, 1999, as
amended, are enforced and observed in all practical terms.
Government is established to cater for the welfare and security of
its citizens, not to cage or threaten them. Though there may admit
of certain instances when these fundamental rights may be derogated
from but such derogation must be consistent with the provisions of
the Nigerian Constitution.

In as much as the Nigerian Army has the onerous
responsibility of protecting the nation from external aggression
and other serious conflict situations, the Nigerian Army is still a
product of the law and must act in accordance with the known laws
of the country. The planned Operation Positive Identification by
the Nigerian Army has to be properly explained to Nigerians before
it can commence. There has been no enlightenment of the limits,
extents and circumstances under which a citizen may be asked by a
military personnel to produce evidence of identification.

The failure of a Nigerian to have or produce a means of
identification is not an offence known to Nigerian laws. There must
be evidence of such a person having committed or reasonably
suspected to have committed an offence which would necessitate the
person being questioned by the security agencies.

The NBA advises caution on the part of the Nigerian Army to
avert a situation where the exercise may be used by its personnel
to profile targeted Nigerians or conduct unlawful searches on the
persons, residences and offices of Nigerians and thereby infringe
on their rights to freedom of movement and privacy.

There are many question yet unanswered.

Therefore, the NBA strongly advises that the Nigerian Army
embarks on a public enlightenment exercise to explain the whole
essence of the Operation Positive Identification to Nigerians and
give them the necessary assurances and comfort that the exercise
would be conducted in such a manner that it will not infringe on
the fundamental rights of Nigerians, particularly their right to
freedom of movement, privacy, personal liberty and right to freedom
of expression of Nigerians. It is instructive that the Nigerian
government has not been able to successfully procure a complete
data of all Nigerians or make the National Identification cards
available to all Nigerians.

Presently, the rule of law in Nigeria has been under trial
for some time and seriously challenged by the various acts of
government. The NBA is aware of situations where Nigerians are
being arrested and charged with treasonable felony just for
challenging official policies and acts of government.

The NBA views issues pertaining to citizens’ identification
within the country as not being the statutory function of the
Nigerian Army, when the whole country is not in a state of war. The
Nigerian Immigration Service and the Nigerian Police are better
equipped for such tasks and would be civil enough to relate with
Nigerians.

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