Operation Positive Identification: Court Says Army Has No Powers To Subject Civilians To Such Exercise
The Federal High Court sitting in Lagos has upheld a Fundamental Rights Enforcement Suit instituted by human rights lawyer, Femi Falana over the planned implementation of the “Operation Positive Identification’.
While dismissing the objections of the Attorney General of the Federation and the Nigerian Army, the judge held that the applicant, Femi Falana SAN has the locus standi to have instituted the suit. He listed the Nigerian Army, the Chief of Army Staff, Lieutenant General Tukur Buratai, and the Attorney General of the Federation, Abubakar Malami, as the respondents to the suit.
Citing several authorities, Mr Falana submitted that armed troops are not allowed by law to mount checkpoints on highways in the country. He says this is a job for the police and the respondents have not shown why the soldiers must take over the duties of the police. He also submitted that the appellate courts have ruled severally that the army has no business in civil actions neither are they allowed to get involved in elections.
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