A Senior Advocate of Nigeria, Mr. Femi Falana, has dragged the Nigerian Army before a Federal High Court, Lagos, to prevail on them from embarking on its operation code named, ‘Positive Identification’ from November 1 to December 23,2019.
Falana said 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.
He, however, contended that since there was no insurrection in all parts of the country, there will not be any need to embark on such operation , adding that it is tantamount to taking over the police duty which the President and Commander-in-Chief 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.
The reliefs sought by the application is an order of Interim Injunction restraining the Respondents whether by themselves, their agents, privies and servants from embarking on the planned nationwide operation scheduled for November 1, 2019 to December 23rd 2019 tagged Operation Positive Identification (OPI) by which 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 pending the hearing and determination of the substantive suit and any order the honourable court may deem fit to make in the circumstance (s).
No date has been fixed for the hearing of the application.