Home Courts Lawyer sues Army for allegedly conducting internal security operations illegally

Lawyer sues Army for allegedly conducting internal security operations illegally

sue - Lagospost.ng

Chief Malcolm Omirhobo, a human rights lawyer, has sued the Nigerian Army at the Federal High Court, Lagos, asked the court to determine whether it is the duty of the soldiers to guarantee the internal security of the country.

The Federal Government of Nigeria (second defendant) and the Attorney General of the Federation (AGF) are also joined in the lawsuit called FHC/L/CS/1082/2021.

The plaintiff said that he filed the lawsuit for himself and on behalf of the Nigerian public.

In his original summon, he asked the court to say whether, by clearly interpreting and/or constructing the provisions of certain sections of laws, the legal duties and responsibilities to oversee the internal security of Nigeria, the checkmate of bandits, kidnappers, thugs, cultists, armed robbers, ethnic militias, cattle thieves, communal crises, violent incitement to secession, clashes between farmers and herdsmen and other miscellaneous crimes in Nigeria is by the police and not by the Nigerian army.

The authorities he cited are sections 1 (1)(3), 214(1)(2)(a)(b)(c), 217(1) (2)(a)(b)(c)(d), 218(1)(3) and 305 of the 1999 Constitution of Nigeria; Sections 3 and 4 of the Nigerian Police Act, 2020 and Sections 1 (1)(2)(a)(b)(c)(3), 4 (a)(b)(c)(d)(e)(f), 8(1)(a)(b)(c)(d)(2) and (3) of the Armed Forces Act, Laws of the Federation of Nigeria, 2004.

The plaintiff also wants the court to tell if it is proper, civil, legal, lawful, constitutional and democratic for the defendants to institutionalise the use of the 1st defendant (Army) to perform the statutory duties and responsibilities of the Police via various military operations such as Still Water, Golden dawn, Enduring peace, Ayem Akpatuma, Crocodile smile and Python dance (Egwu Eke) now christened Atilogwu Udo, without following due process and in compliance with laws.

In consequence, the plaintiff is asking the court to declare that it is the legal duties and responsibilities of the police to oversee the internal security of Nigeria and checkmate bandits, kidnappers, armed robbers, ethnic militias, cattle thieves and other crimes in Nigeria and not the first defendant.

He also requested a declaration that it is illegal, illicit, unlawful, unconstitutional and undemocratic for the accused to use the 1st defendant to perform such duties according to the law.

“A declaration of this honourable court that it is improper, uncivil, illegal, unlawful, unconstitutional and undemocratic for the defendants to institutionalise the use of military operations such as Still Water, Golden dawn and Enduring peace Ayem Akpatuma, Crocodile smile and Python dance (Egwu Eke) now christened Atilogwu Udo to perform the statutory duties and responsibilities of the Police without following due process and compliance with the law,” he prayed.

The lawyer also urges the court to end and/or prohibit any other military operation or exercise in Nigeria that is used by the accused to usurp the functions, duties and responsibilities of the police by failing to observe due process, and non-compliance with laws.

“An order of this honourable court restraining the 1st defendant, her servants, agents and/or privies whosoever by whatever name so described from further carrying on with Operations Ayem Akpatuma 2, Crocodile smile 4, Python dance (Egwu Eke) 4 and positive identification, Still Water, Golden dawn and Enduring peace and all other such operations throughout Nigeria, for not following due process and non-compliance with the law,” he prayed.

While asking for a perpetual injunction restraining the 1st defendant, its servants, agents and/or privies from carrying out the statutory duties and responsibilities of the Police in whatever name or form without following due process and in compliance with the law, among other prayers.

He also requested an indefinite restraining order that prevents the first defendant, its servants, agents and/or privies comply from performing statutory duties and responsibilities of the police in any name or form, without due process and in accordance with the law.

His motion is supported by an affidavit pursuant of a 74-paragraph, stating that the court has jurisdiction to resolve public interest disputes in favour of Nigerians and adds that it will be of general interest for justice to grant his motion.

Previous articleYABATECH lifts 6 years ban on SUG
Next articleLagos initiates mentorship programme with 75 counsels

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.