November 4, 2019
By Peter Umuzuru
A Lagos based Activist, Chief Malcolm Omirhobo has on Monday, asked a Federal High Court in Abuja to give interpretation to the provisions of the Security Laws of Nigeria.
They include: provisions of the 1999 Constitution, The Police Act, The National Security Agencies Act, and The Armed Forces Act.
Omirhobo is asking the court for an interpretation and construction of these laws, in relation to recent Military Operations in the Country.
He said that the operations include; Operation Ayem Akpatuma, Operation Crocodile smile 4, and Operation Python dance (Egwu Eke) now christened as Atilogwu Udo.
The applicant filed this suit barley four days after he had commenced a similar suit in Lagos, seeking restraining orders on the Operation Crocodile Smile 4 in the State .
The applicant’s new suit makred FHC/ABJ/CS/1322/2019, is brought pursuant to the Fundamental Rights Enforcement Procedure Rules, 2009 and under the inherent jurisdiction of the court.
Among those joined as defendants include: The Attorney General of the Federation, Service Chiefs, National Assembly, Minister of Interior, Inspector General of Police among others.
Applicant wants the court to decide whether by the interpretation of the aforementioned security laws, the statutory duty of overseeing the internal security of Nigerians across the six geo political zones, is that of the Police and not the Military.
He wants Court’s interpretation, on whether the duty of “positive identification” of Nigerians across the country’s geo poitical zones, is that of the Nigerian Police and not that of the Military.
Omirhobo is asking the court if it is proper, civil, and democratic for the defendant to institutionalize the use of the Military to usurp and take over the statutory duties of the Police, through the aformentioned Military operations.
He wants the court to interprete whether the ongoing Military Operations of Ayem Akpatuma, Crocodile smile, and Python dance (Egwu Eke) now christened Atilogwu Udo from Oct. 7 to Dec. 23, in parts of the country, is lawuful and constitutional.
Applicant consequently, wants the court to declare that it is the statutory duties and responsibilities of the Nigerian Police and not the Military, to oversee the internal security of Nigeria.
He wants the court to declare as improper and uncivil, the use of the Military Operations, when there is no insurrection to suppress, or need to aid civil authorities to restore order, or without being called upon to do so in writing.
He wants the court to declare that the ongoing Military Operations in parts of the country to handle internal security, is the duty and responsibility of the police.
He, consequently, wants an order, disbanding the said Military Operations, as well as a perpetual order, restraining the Military from usurping the responsibilities of the police.
No date has been fixed for hearing of the new suit
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