28th November, 2019
By Akin Kuponiyi
A Federal High Court sitting in Lagos, Southwest Nigeria on Thursday fixed 12 December for hearing a suit instituted against the Nigerian Army to suspend the Operation Positive Identification, OPI, by a human right lawyer, Femi Falana, SAN.
When the matter was mentioned today, Mr Falana SAN told the court that he needed time to file a response to the objections filed by the defendants.
About three weeks ago, the court had ordered the Nigerian Army and its Chief of Army Staff (COAS) to suspend the ongoing OPI.
The presiding Judge, Rilwanu Aikawa ordered both parties to maintain status quo pending the determination of substantive suit filed by Mr. Falana.
Falana is seeking, an order stopping the operation. The COAS, the Nigerian Army and the Attorney-General of the Federation are respondents in the suit.
In the suit, Falana contended that the planned nationwide operation which would run from November 1 to December 23, 2019, by which Nigerian citizens would be required to move about with means of identification was unconstitutional, illegal, null and void.
He further stated that the operation violated his right and that of other Nigerian citizens to liberty,“ as stated 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.”
Consequently, he is seeking an interim order restraining the respondents from going on with the plan pending the hearing of the substantive suit.