Falana To Buhari: Nigerian Army Not Empowered To Take Over Police Duties

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A human rights lawyer, Femi Falana, has asked a federal high court
sitting in Lagos to stop the Nigerian Army’s ‘Operation Postive
Identification’.

The planned nationwide operation is scheduled to start today (November
1) and end on December 23, requiring people in Nigeria to carry with
them a form of identification.

Falana said the planned operation violated his right and that of other
Nigerians to liberty, “as encapsulated in Section 35 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 said, “There is no insurrection in every part of the country which
the Nigerian police cannot contain to warrant the deployment of armed
troops all over the country from November 1, 2019, to December 23,
2019.

“Neither the constitution nor the Armed Forces Act Cap A20 LFN, 2004
has empowered the Nigerian Army to arrest any citizen who is not
subject to service law.

“The first respondent (the Nigerian Army) under the leadership of the
second respondent is not empowered to take over police duties and the
president and commander-in-chief of the Armed Forces 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.”

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