Tue. Nov 12th, 2019

Court Suspends Nigeria Army’s OPI, Declared it Unconstitutional

A Federal High Court sitting in Lagos has ordered the Nigeria Army and the Chief of Army Staff to suspend the planned Operation Positive Identification till further notice.

Justice Rilwanu Aikawa on Tuesday gave this order and ordered the Nigeria Army and Femi Falana (SAN and the one who sued the NA,COAS and Attorney General of the Federation), to maintain status quo for now.

Speaking against the Operation Positive Identification, the Senior Advocate of Nigeria In the suit, argued that the planned nationwide operation which will run from November 1, to December 23, 2019, by which Nigerian citizens would be required to move about with means of identification, is unconstitutional, illegal, null and void.

He argued that the operation violates his right and that of other Nigerian citizens to liberty, “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 People’s Rights (Ratification and Enforcement) Act, (Cap A10) Laws of the Federation of Nigeria, 2004.”

The Chief Of Army Staff, the Army and the Attorney-General of the Federation are first to third respondents in the suit. However, they did not appear before the judge.

As reported by the Nationonline, a Principal State Counsel from the Ministry of Justice, prayed the judge to grant an adjournment to enable the Solicitor-General, Mr. Dayo Apata, handle the matter personally and also give the respondents time to harmonise their positions.

Mr Falana did not opposed. As such, the judged grant the request of adjournment till November 18

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