• Lt. Gen. Tukur Buratai: Chief of Army Staff

Akin Kuponiyi 

A Federal High Court sitting  in Lagos  south west Nigeria today  ordered the Nigerian Army NA and its Chief of Army Staff (COAS) to suspend the ongoing Operation Positive Identification by the Nigerian  Army.
The  presiding Judge Rilwanu Aikawa ordered both parties to maintain the status quo  pending the determination of  substantive suit filed by Human rights activist,   Femi Falana, a Senior Advocate of Nigeria.

Mr Falana  is seeking, an order stopping the operation. The COAS, the Nigerian Army and the Attorney-General of the Federation are  respondents in the suit. When the matter was mentioned, none of the respondents was in court.

Falana told  the court  that the respondents had been served with  the court processes and the proof of service was in the court’s file. This was confirmed by the court. However  Principal State Counsel from the Ministry of Justice, prayed the court to grant an adjournment to enable the Solicitor-General, Mr Dayo Apata, to handle the matter personally and also give the respondents time to harmonise their positions.

Mr Falana did not raise any  objection . The presiding Judge, Justice Aikawa, granted his application and said
“in view of the agreement between both counsels, I order the Nigerian Army  and Chief  of Army staff to maintain the status quo, pending the determination of the case.” He, thereafter,  adjourned further proceedings till November 18,2019.

In the suit,Mr Falana contended  that the planned nationwide operation which will 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, null and void.

He further stated that the operation violates his right and that of other Nigerian citizens to liberty, “as stated  in Section 35 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.”

Consequently, he is  seeking an interim order  restraining the respondents from going on with the plan pending the hearing of the substantive suit.

In a supporting affidavit sworn to by a lawyer  Mr Taiwo Olawanle, the plaintiff recalled that on October 8, 2019 the Chief of Army Staff, Lt.-Gen. Tukur Buratai disclosed that the Operation Positive Identification, said to be on going in the North East theatre of Boko Haram insurgency war  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  contended  that by virtue of Section 215 (3) of the Constitution, the Nigerian

Police “has the exclusive power to maintain law and order and secure public safety and public order in the country” and not the  Nigerian Army.

He contended that going by section 217(1) of the Constitution, the Nigerian President  could only deploy the armed forces for the suppression of insurrection and acting in aid of civil authorities to restore law and order.

He  further stated that “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.