Court halts army's Operation Positive Identification

The Federal High Court in Lagos on Tuesday halted the Nigerian Army's Operation Positive Identification.

Justice Rilwan Aikawa ordered the Nigerian Army and the Chief of Army Staff to maintain the status quo in respect of the operation pending the determination of a suit challenging it.

The judge made the order at the request of human rights lawyer, Mr Femi Falana (SAN).

Falana had filed a suit seeking to stop the army's Operation Positive Identification, which requires that all citizens must carry a means of identification to be able to move.

The army had said the operation would run from November 1 to December 23, 2019. But in a suit marked, FHC/L/CS/1939/2019, Falana argued that such the army's Operation Positive Identification was a violation of constitutional rights to liberty. While Falana was in court on Tuesday for the case, the army and the Chief of Army Staff 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 parties 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 Chief of Army Staff, Lt. Gen. Tukur Buratai, disclosed that the Operation Positive Identification, said to be ongoing in the North-East theatre of 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, Voters Registration Card, Drivers’ Licence and passports or other valid official identification.

But Falana argued that the extension of the operation across the nation was illegal.

"By virtue of Section 215 (3) of the Constitution, the Nigeria Police Force has the exclusive power to maintain law and order and secure public safety and public order in the country and not the army," he said.