Judiciary
A rights activist, Chief Malcolm Omirhobo, on Monday prayed a Federal High Court in Lagos to stop the planned nationwide Operation Positive Identification (OPI) by the Nigerian Army.
In an originating summons brought pursuant to the Federal High Court Civil Procedure Rules, 2009, Omirhobo also asked the court to interpret the provisions of the 1999 Constitution in the light of the OPI recently given approval by the House of Representatives.
He also sought interpretation of the Police Act, 2004, and the Armed Forces Act, 2004, as it affected the OPI.
Joined as defendants in the suit are the attorney-general of the federation, National Assembly, inspector-general of police, service chiefs, attorney-general of Lagos State, and Lagos State commissioner of police.
The News Agency of Nigeria (NAN) reports that the House of Representatives had on Nov. 14, granted approval for the commencement of OPI nationwide.
In the suit marked FHC/L/CS/2079/2019, Omirhobo is seeking a court order annulling the approval of the said operation in Lagos State and the entire nation.
He argued that there was a subsisting court order suspending same.
The rights activist also seeks an order restraining the army, its servants, agents or privies from carrying out OPI in Lagos State and the entire Nigeria, unless by due process of law.
The applicant wants an order compelling the police to take charge of its statutory duties and responsibilities of overseeing the internal security, enforcement and maintenance of law and order in Nigeria.
Omirhobo also sought a perpetual order to restrain the army from carrying out OPI in Lagos State and in Nigeria, without due process of law.
Besides, the applicant wants the court to determine whether the House of Representatives has the powers to grant approval for such an operation.
He wants the court to determine whether the House of Representatives has the powers to grant such an approval, when there exists a subsisting court order suspending the exercise.
No date has been fixed for hearing of the suit.
– Nov. 18, 2019 @ 18:45 GMT |
Tags: Rights activist wants court cancel reps’ approval for operation positive identification
