Operation Positive Identification: Falana drags Nigerian Army to court

Operation Positive Identification: Falana drags Nigerian Army to court

- A senior lawyer, Femi Falana, files a legal action against the Nigerian Army’s Operation Positive Identification

- Falana argues that the Nigeria police force is conferred with the exclusive powers to maintain law and order in the country

- The legal practitioner insists that the Nigerian Army is not empowered by the constitution to assume duties of the Nigeria Police Force in the nation’s internal security

A senior lawyer, Femi Falana, has asked the federal high court in Lagos to stop the planned military operation tagged Operation Positive Identification.

Falana made the request in a suit filed against the Nigerian Army, the chief of army staff, General Tukur Buratai, and the attorney-general of the federation, Abubakar Malami, in Lagos on October 25, Channels TV reports.

The legal practitioner argued that 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 by virtue of section 215 (3) of the 1999 constitution as amended.

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Citing, section 217 (1) of the constitution, Falana noted that the federal government can only deploy soldiers for the suppression of insurrection to restore law and order when it is clear that the civil disturbance cannot be contained by the Nigeria police.

The human rights lawyer insisted that the Nigerian Army is not empowered by the constitution to assume the duties of the Nigeria police in the nation’s internal security.

He urged the army to focus on battling Boko Haram terrorists in the northeast of the country rather than embarking on what he described as the planned harassment and intimidation of Nigerians.

“I am praying the court to restrain the Armed Forces, the Nigerian Army permanently from subjecting Nigerians to such ridiculous harassment as they are planning," he said.

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Falana also noted that many Nigerians do not have passports, drivers licences, voters cards, and international passports required by the army for the Identification process.

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Meanwhile, General Tukur Buratai on Thursday, October 31, had revealed why the proposed Operation Positive Identification would not hinder the day-to-day activities of Nigerians.

The Nation reports that Buratai made this known while fielding questions from the House of Representatives committee on army in Abuja.

Legit.ng gathered that the army boss, who was represented by the chief of civil-military affairs, Maj.-Gen. Usman Muhammed, said that the army had submitted a detailed report on the OPI to the committee.

In an earlier report, lawmakers in the current ninth senate summoned Buratai, over the controversial Operation Positive Identification which had been planned to take place across the country.

The chairman of the senate committee on the army, Ali Ndume, while speaking to journalists on Wednesday, October 30, said the upper chamber is rejecting the operation established by the force.

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Source: Legit

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