A Federal High Court sitting in Lagos on Tuesday, November 5, ordered the suspension of the Nigerian Army’s operation positive identification campaign.
Justice Rilwan Aikawa ordered parties to the suit to maintain status quo ante pending the determination of the suit filed by Senior Advocate of Nigeria (SAN), Mr. Femi Falana.
The Herald gathered that Falana had filed a filed the suit marked FHC/L/CS/1939/2019 on October 25, seeking, among others, an order stopping the operation.
In the suit, Falana 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.
The army had said the operation would run from November 1 to December 23. But in a suit marked, FHC/L/CS/1939/2019, Falana argued that such the operation was a violation of constitutional rights to liberty. While Falana was in court on Tuesday for the case, the army and the COAS were not represented.
Falana told the court that all the defendants, including the Attorney General of the Federation, had been served with the processes and that the proof of service was in the case file.
The Solicitor General of the Federation, Mr Dayo Apata, through a state counsel, prayed for an adjournment to personally defend the case. Falana did not oppose the application for an adjournment but prayed the court to order the parties to the suit to maintain the status quo.
Justice Aikawa granted the prayer and ruled, “In view of the agreement between counsel, I hereby order the 1st and 2nd defendants to maintain the status quo pending the determination of this case.” The judge adjourned the case till November 18, 2019 for hearing.
In a supporting affidavit filed along with the suit, Falana recalled that on October 8, 2019 the COAS, Lt Gen Tukur Buratai, disclosed that the operation said to be ongoing in the North-East, where the security forces are tackling the Boko Haram insurgency, would be extended to cover the entire nation.
He said the operation required Nigerian citizens to move about with legitimate means of identification such as the National Identification Card, voter registration card, driving licence and passport or other valid official identification.
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