…Says It’s an Infringement on Freedom of Movement

…Likens It to Pass Laws Under Apartheid South Africa

 Human Rights Lawyer, Mr. Femi Falana (SAN) has filed a suit against the Nigerian Army, its Chief of Army Staff and the Attorney-General of the Federation, praying for an order to stop the Nigerian Army’s Operation ‘Positive Identification’ slated to begin on November 1.

The suit marked FHC/L/CS/1939/2019 was filed before the Federal High Court in Lagos on October 25.

The Senior Advocate had in a letter published on the 27th of October, stated that the decision of the authorities of the Nigerian Army to subject law abiding citizens to personal identification on the road constitutes a gross infringement of their constitutionally guaranteed fundamental rights to freedom of movement and dignity.

He further stated that it is a sad reminder of the illegal practice of the white minority rulers which compelled Africans to carry pass books outside their homelands or designated areas under the apartheid regime in South Africa.

In his suit regarding the matter, Falana gave eight grounds for seeking reliefs.

The grounds as given by Falana include:

A. By virtue of Section 215 (3) of the Constitution, 1999 as amended, the Nigeria Police Force has been conferred with the exclusive power to maintain law and order and secure public safety and public order in the country.

B. Section 217 (1) of the Constitution empowers the President of the Federal Republic of Nigeria to deploy the Armed Forces for the suppression of insurrection and acting in aid of civil authorities to restore law and order, but the power cannot be exercised until there is an insurrection or civil disturbance which cannot be contained by the Nigeria Police.

C. 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 1st November, 2019 to December 23rd, 2019.

D. 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.

E. The 1st Respondent 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.

F. The planned nationwide operation by the 1st Respondent scheduled for November 1, 2019 to December 23rd 2019 tagged Operation Positive Identification (OPI) by which the Applicant and other Nigerian citizens would be required to move about with legitimate means of Identification such as National Identification Card, voters Registration Card, Drivers’ License and International passports is unconstitutional, illegal, null and void as it violates the rights of the Applicant and other Nigerian citizens to freedom of movement as encapsulated in Section 41 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Article 12 respectively of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, (Cap A10) Laws of the Federation of Nigeria, 2004.

G. The planned nationwide operation by the 1st Respondent scheduled for November 1, 2019 to December 23rd 2019 tagged Operation Positive Identification (OPI) by which the Applicant and other Nigerian citizens would be required to move about with legitimate means of Identification such as National Identification Card, voters Registration Card, Drivers’ License and International passports is unconstitutional, illegal, null and void as it violates the rights of the Applicant and other Nigerian citizens to liberty respectively 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.

H. Unless the Respondents are restrained by an order of interim injunction pending the hearing and determination of the substantive suit, irreparable damage may occur.

The Chief of Army Staff, Gen. Tukur Buratai on Thursday however said that the Operation Positive Identification (OPI) would not hinder the day-to-day activities of Nigerians.

Buratai made this known while fielding questions from the House of Representatives Committee on Army in Abuja.

Represented by the Chief of Civil-Military Affairs, Maj.Gen. Usman Muhammed, Buratai said that the Army had submitted a detailed report on the OPI to the committee.

He said that the military is involved in ‘Operation Lafia Dole’ in the North East and that there are other subsidiary operations within the major operation.

Buratai said that the OPI is one of the subsidiary operations which is ongoing in the North-East zone.

According to him, based on credible intelligence on Boko Haram terrorists, they are no longer in their in enclaves, they are making a lot on in routs, spreading out away from their traditional strongholds.

The Army Chief said that the OPI which started on Sept. 22 in the North East was based the intelligence.

Buratai said that the military has a tradition of initiating operations towards the end of the year to reduce crime during the Yuletide.

“We have exercise Ayama Kpatuma in the North Central, Atilogwu Udor in the South East and Crocodile Smile in the South-South are aimed at addressing the security challenges in those zones.

“It is a training exercise and at the same time, it is a true operation whereby we use the opportunity to carry out activities to checkmate criminality and crime within those areas.

“This time around, we feel that we can extend the OPI to some of these areas where we are going to conduct some of these exercises,” he said.

He explained that the OPI is an intelligence-led activity based on credible information by which the Army go to specific areas and effect arrests.

Buratai said that some insurgents had been arrested through the process in the North East where the operation is ongoing.

He said that the citizens would not notice any change in their day-to-day activities and that there would not be extra checkpoints.

Buratai said that there would not be additional troops on the streets and the rules of engagement would be thoroughly observed.

He said that the operation was in collaboration with other security agencies like the National Intelligence Agency (NIA), the Department of State Service (DSS) among others.

“The exercise is nothing too different, it is something that is going to assist us to add value to what we are doing in the northeast,” he added.

Buratai said that President Muhammadu Buhari was in support of the operation as well as the Minister of Defence and the Chief of Defence Staff.