A Federal High Court sitting in Lagos has stopped the Nigerian Army from going ahead with its planned ‘Operation Positive Identification’ (OPI) exercise.
OPI was launched by the Nigerian Army in October 2019 to stop and demand identity cards from citizens anywhere, anytime across the country in a bid to stem rising insecurity in the country.
The trial high court judge, Justice Rilwan Aikawa, who stopped the exercise said OPI is illegal and unconstitutional.
The court, in the ruling also held that Lagos lawyer and human rights activist, Mr Femi Falana (SAN) who instituted the public interest suit has the locus standi to approach the court.
The activist lawyer had filed the Fundamental Rights Enforcement suit on October 25, 2019 against the planned exercise scheduled to hold from 1 November to 23 December 2019 by the Army.
The respondents in the suit are the Nigerian Army, the Chief of Army Staff, Lieutenant General Tukur Buratai, and the Attorney General of the Federation, Abubakar Malami (SAN).
Falana, in the suit, had argued that it is unconstitutional for the military to mount checkpoints on highways anywhere in the country to be demanding valid means of identification, such as the National Identification Card, Voters Registration Card, Drivers’ Licence and passports or other valid official identification from Nigerians.
He pleaded with the court to dismiss the exercise as illegal.
The human rights lawyer maintained that it is the work of the police to conduct identification process on civilians.
Falana argued the respondents have not given valid reasons why soldiers must take over the duties of the police.
But the three respondents to the suit filed a preliminary objection challenging the competence of the suit.
They had argued that Falana lacked the locus standi to institute the case.
But the court threw out the objection in favour of Falana.
The trial judge, Justice Rilwan Aikawa also held that the Army has no constitutional power to subject civilians to such positive identification process, adding that the fundamental rights of Nigerians to liberty and freedom of movement would be breached by the planned positive identification.
Blueprint reports that the Nigerian military had launched in October 2019 “Operation Positive Identification” to demand identity cards from citizens across the country stating that the operation would combat the threats of criminal insurgency and terrorism, armed banditry, kidnapping, herdsmen-farmers clashes, cultism, and communal crises across the country.
The idea attracted criticisms while calls to drop the exercise by the Nigerian Army rented the air.
However, in November the House of Representatives gave the Nigerian army the approval to carry out Operation Positive Identification (OPI) in conjunction with other relevant security agencies, after it had initially kicked against the operation.
The House, in its initial criticism of OPI, said it would strip Nigerians of their constitutionally guaranteed freedom of movement.
