Operation Positive Identification: Falana Sues Nigerian Army, Buratai And Malami

 

Mr Femi Falana (SAN), has filed a suit against the Nigerian Army, it’s Chief of Army Staff and the Attorney-General of the Federation, praying for an order to stop the planned kick-off of Nigeria Army’s Operation Positive Identification. 

The suit marked FHC/L/CS/1939/2019 was filed before the Federal High Court in Lagos on October 25.

The Senior Advocate had in a letter published on the 27th of October, stated that the decision of the authorities of the Nigerian Army to subject law abiding citizens to personal identification on the road constitutes a gross infringement of their constitutionally guaranteed fundamental rights to freedom of movement and dignity.

He further stated that it is a sad reminder of the illegal practice of the white minority rulers which compelled Africans to carry pass books outside their homelands or designated areas under the apartheid regime in South Africa.

In his suit regarding the matter, Falana gave eight grounds for seeking reliefs.

READ ALSO: Falana Asks FG To Open Borders, Suggests How To Fight Smuggling

The grounds as given by Falana include:

A. By virtue of Section 215 (3) of the Constitution, 1999 as amended, the Nigeria police force has been conferred with the exclusive power to maintain law and order and secure public safety and public order in the country.

B. Section 217 (1) of the Constitution empowers the president of the Federal Republic of Nigeria to deploy the armed forces for the suppression of insurrection and acting in aid of civil authorities to restore law and order, but the power cannot be exercised until there is an insurrection or civil disturbance which cannot be contained by the Nigeria police.

C. There is no insurrection in every part of the country which the Nigeria police cannot contain to warrant the deployment of armed troops all over the country from 1st November, 2019 to December 23rd, 2019.

D. Neither the Constitution nor the Armed Forces Act Cap A20 LFN, 2004 has empowered the Nigeria Army to arrest any citizen who is not subject to service law.

E. The 1st Respondent under the leadership of the 2nd Respondent is not empowered to take over police duties and the President and Commander in Chief of the Armed Forces lacks the power to deploy members of the armed forces in the maintenance of internal security in any part of the country by virtue of Section 217 (a) (b) and (c) of the 1999 Constitution, as amended.

F. The planned nationwide operation by the 1st Respondent scheduled for November 1, 2019 to December 23rd 2019 tagged Operation Positive Identification (OPI) by which the Applicant and other Nigerian citizens would be required to move about with legitimate means of Identification such as National Identification Card, voters Registration Card, Drivers’ License and International passports is unconstitutional, illegal, null and void as it violates the rights of the Applicant and other Nigerian citizens to freedom of movement as encapsulated in Section 41 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended and Article 12 respectively of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, (Cap A10) Laws of the Federation of Nigeria, 2004.

G. The planned nationwide operation by the 1st Respondent scheduled for November 1, 2019 to December 23rd 2019 tagged Operation Positive Identification (OPI) by which the Applicant and other Nigerian citizens would be required to move about with legitimate means of Identification such as National Identification Card, voters Registration Card, Drivers’ License and International passports is unconstitutional, illegal, null and void as it violates the rights of the Applicant and other Nigerian citizens to liberty respectively as encapsulated in Section 35 respectively 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.

H. Unless the Respondents are restrained by an order of interim injunction pending the hearing and determination of the substantive suit, irreparable damage may occur.

Below is the suit filed by Falana, as obtained by Channels Television.

New Doc 2019-10-31 08.08.27 (2)

Jakana Ambush: Army Gives Slain Personnel State Burial

 

The Nigerian Army has finally buried the remains of a Colonel and four soldiers killed in an ambush staged by insurgents in Jakana village along the Maiduguri-Damaturu highway.

The burial was conducted at the military cemetery of the 7 Division Maimalari Cantonment amidst military ceremonies in the presence of the Next of Kins and family members of the fallen soldiers.

The names of the deceased were given as Colonel Kenneth Elemele, Lance Corporal Dimos Daniel, Oguntuase Ayo, Ajijola Sunday and Private (PTE) Akinola Ayoola.

READ ALSO:  Isheri Day Killing: No Exchange Of Gunfire Between Troops And Alleged Cult Group, Says Army

A total of six soldiers died in the ambush which occurred on the 17th of July, but the sixth soldier, a Captain was immediately buried according to Islamic rites.

The burial of the Colonel and four soldiers was delayed to allow army authorities get across to the families and relatives of the deceased personnel.

The solemn ceremony was conducted under the lead of Major General Olusegun Adeniyi who is now the Acting Theatre Commander, Operation Lafiya Dole following redeployment of commanders in the Nigerian Army.

Adeniyi describes the soldiers as heroes who died for Nigeria while assuring that the fighting troops in the theatre of operation will not be deterred by the killing of their colleagues, until normalcy is restored in the region.

Troops Arrest 25 Bandits, Recover Cache of Arms And Ammunition

 

 

Following reinvigorated operational strategies and robust anti-banditry operations injected into the activities of Operation HARBIN KUNAMA III, troops have in a renewed effort arrested several gangs of bandits terrorizing Isa, Rabbah, and Burkusuma communities around Sububu Forest in Sokoto State as well as in Batsari, Safana and Kankara in Dumburum Forest of Katsina state.

Similarly, troops deployed in Super Camp covering Bena, Jega, Danko, and Wasagu encountered and annihilated an unconfirmed number of bandits and destroyed five( 5) bandits’ camps in Gando Forest of Kebbi State.

Briefing journalists on the activities of the operation, the General Officer Commanding (GOC), 8 Division, Maj Gen Hakeem Otiki on the 26 June 2019 stated that five camps and 25 motorcycles were destroyed during the operation.

He added that the operation which covers Katsina, Kebbi, Sokoto and Zamfara States witnessed series of successful simultaneous ground operations activities involving raids, ambushes, cordon and search with the occasional support of the Air Task Force component which the troops are poised to sustain.

The GOC further stated that items recovered during the operation include:
a. 8 x AK 47 rifles
b. 2 x General Purpose Machine Guns
c. 2 x G3 rifles
d. 3 x dane guns.
e. 9 x AK 47 magazine
f. 48 x rounds of 7.62mm special ammunition.

According to him, “The operation is to facilitate the return of refugees and internally displaced persons back to their homes, creating enabling environment for economic activities to strive and instilled confidence in the locals to remain in their villages and continue their normal lives unmolested.

He assured the residents of the Nigerian Army readiness to provide adequate security and improve synergy and collaboration with other security agencies within 8 Division Area of Responsibility with the aim of Combating banditry, cattle rustling, kidnapping, and other security challenges.

He used the opportunity to commend the gallant officers and soldiers of the Division for their resilience and patriotism in the ongoing operation even as he commends members of various vigilante groups and local hunters for their supportive roles to troops.

He appealed to residents of the areas to always provide useful and timely information to the security agencies for prompt action.

READ ALSO: No Hiding Place For Bandits In Katsina, Say Police

 

Army Kills Nine Top Boko Haram Media Personalities

 

The Nigerian Army has said that it decimated nine key media personalities of the Islamic State-backed Boko Haram splinter group (ISWAP).

According to a statement by the army on Monday, those killed, include Abu Hurayra al-Barnawi, Ali al-Ghalam al-Kajiri, Abu Musab Muhammed Mustafa al-Maiduguri, and Abu Abdullah Ali al-Barnawi.

Others are Abu Musa al-Camerooni, Ahmed al-Muhajir, Abu Ali al-Bamawi, Abu Khubayb bin Ahmed al-Barnawi and Abu al-Qaqa al-Maiduguri.

READ ALSO: Gangs Raid Villages In Sokoto, Kill 43

The army statement also claims that ISWAP has admitted to the neutralization.

The terrorist group is known for its online media propaganda and quest to maintain a virtual caliphate.

It is believed by the army that annihilating some members of ISWAP media team further confirms that the Force has decimated the group and they no longer have freedom of action.

Troops Neutralise 58 Bandits, Free 75 Kidnapped Victims In Zamfara

 

Troops of the Nigerian army have reportedly killed 58 armed bandits, freeing 75 kidnapped victims in Zamfara.

The troops of Operation Saharan Daji carried out the operation at Dumburum and Gando forests of the state.

According to the operation’s Acting Force Information Officer, Major Clement Abiade, the bandits were killed on 20 January 2019.

Abiade said when the troops engaged a large gang armed with sophisticated firearms and rocket-propelled grenades (RPGs).

He said during the encounter the bandits were forced to abandon their camps due to superior firepower in a fierce gun battle that lasted several hours.

 

Some items were recovered during the operation, they include five Fabric National Rifles, four AK Rifles, 10 locally made rifles, one locally fabricated pistol and 40 motorcycles.

Unfortunately, two soldiers and two members of the vigilante group lost their lives in the encounter.

READ ALSO: Troops Kill Five Insurgents In Fresh Baga Encounter

Below is the full text of Major Abiade’s statement.

“PRESS RELEASE

UPDATE ON OPERATION SHARAN DAJI ACTIVITIES

1. In line with the mandate of operation SHARAN DAJI, troops commenced clearance operations into bandits enclaves in Zamfara State and Katsina on 19 January 2019 and to last up till June 2019. The operation is being conducted simultaneously on collaboration with all security agencies and local vigilante to achieve synergy. The current offensive is designed to identify and destroy bandits’ camps/enclaves in the area of operation.

2. Already, the operation has recorded some successes. On 20 January 2019, troops came into contact with a large gang of bandits armed with sophisticated firearms and Rocket Propelled grenades at Dumburum and Gando forests leading to fierce gun battles which lasted several hours. The bandits were forced to abandon their camps due to superior firepower during these encounters.

3. The items recovered from the bandits include:

a. 5 Fabric National Rifles.
b. 4 AK Rifles.
c. 10 locally made rifles.
d. 1 locally fabricated pistol.
e. 40 motor cycles.

4. The casualty figures on the bandits’ side were 58 bandits neutralized, while one was captured alive. Troops also destroyed 18 camps and rescued 75 kidnapped victims held in some of these camps. The freed captives who were mostly from local communities in Zamfara State were debriefed and reunited with their families.

5. Unfortunately, Operation SHARAN DAJI also suffered some casualties in these encounters. So far, two gallant soldiers and 2 members of the vigilante paid the supreme prize. A total of 8 soldiers and 6 vigilantes also sustained various degrees of gunshot injuries. Those who sustained injuries were immediately evacuated to Federal Medical Centre, Gusau for medical treatment, while those with life threatening conditions were evacuated by air for specialist attention outside the theatre of operation. The families of the fallen heroes have been contacted accordingly, while the deceased members of the vigilante were laid to rest in Anka Cemetery according to Islamic rites.

6. The Force Commander, Operation SHARAN DAJI, Maj Gen SO Olabanji commiserates with families of the fallen heroes and assures them that their sacrifices will not be in vain. He reaffirms the commitment of operation SHARAN DAJI to rid Zamfara State of all forms of banditry and criminality in line with its mandate. Therefore, the general public is enjoined to cooperate with troops and furnish security agencies with useful and timely information about bandits’ activities within their domain.

7. You are please requested to disseminate this information through your medium. Thanks.

CLEMENT K ABIADE
Major
Acting Force Information Officer
Operation SHARAN DAJI”

Army Arrests Wanted Boko Haram Terrorist In Borno State

 

A wanted Boko Haram terrorist has been arrested by gallant troops of 7 Division Garrison.

The troops nabbed the jihadist while carrying out cordon and search operations in conjunction with troops of 195 Battalion, Mobile Policemen and CJTF, in some parts of the fringes of Maiduguri on Friday.

According to an army statement signed by Brigadier General Sani Kukasheka Usman, the terror group member called Babagana Abubakar (aka Alagarno), was hiding at Bulabulim Ngarnam community.

READ ALSO: Troops Dislodge Boko Haram From Baga, Other Areas

The army spokesman said Abubakar was found hiding in a room in possession of 2 military Ballistic helmets, a pair of military desert boot, a fragment jacket, a Jersey pull over, military backpack, camouflage design shorts, 2 voters identification cards, National identification card, amulets, camouflage T-shirts and military jungle hat.

“He has since been moved out of the area for further interrogation,” the statement read in parts.

The Acting General Officer Commanding 7 Division, who is also the Commander, Sector 1 of Operation LAFIYA DOLE had visited the troops and conveyed the Theatre Commander, Operation LAFIYA DOLE’s commendation to them for the painstaking efforts and professionalism.

Police Arrest Two Suspected Fake Soldiers In Ogun State

Ogun Police Arrest Two Suspected Fake SoldiersThe Ogun State Police Command says it has arrested two persons who have allegedly been parading themselves as officers of  the Nigerian Army in order to extort and maltreat innocent citizens in Agbado area of Ogun state.

In a press release by the Police Public Relations Officer, Mr Abimbola Oyeyemi, it was stated that, “the two men, Joseph David and Adebayo Olanrewaju Ojoye, were arrested following a complaint from Barrister Paul Oniyo and Chima Solomon, that the two suspects who put on military camouflage accosted them, beat them up and inflicted injuries on them over a minor disagreement.

”Upon their complaint, the Divisional Police Officer, Agbado Division, (CSP) Abioye Shittu, led detectives to the scene where the suspects were arrested and brought to the station.

“On interrogation, it was discovered that the suspects acclaimed military men were mere impostors thriving on illegality for sustenance”. the P.R.O said.

Items recovered from them include: various military hard wares, cap and camp bed.

The Commissioner of Police, Ahmed Iliyasu, has now ordered the immediate transfer of the suspects to State Criminal Investigation and Intelligence Department for further investigation.

U.S. Officials Meet With Stakeholders In Niger Delta To Resolve Crisis

Niger Delta, US GovernmentOfficials of the American Embassy, led by the Deputy Chief of Mission, Mr David Young, are in Delta State in Nigeria’s south-south for an all-embracing dialogue involving all stakeholders in the Niger Delta region.

At a meeting with the Delta State Governor, Dr. Ifeanyi Okowa, held in Asaba, the capital of the State, Mr Young said that their visit was part of measures toward finding lasting solutions to the crisis in the region which had crippled oil production.

Addressing reporters after the visit to the Delta State government, Mr Young said that the U.S. government believed that dialogue was very important in resolving grievances and there is a need to encourage Nigerians to exploit mechanisms for dialogue in moving forward.

The Governor of Delta State suggested the creation of an environment that would foster peace and tranquility, adding that the state government have also made efforts to forestall peace in the delta region.


The Niger Delta region encompasses about 8% of Nigeria’s landmass and with oil drilling in the region, the nation’s economy was stimulated.

Numerous multinational corporations also established oil operations in the region with very high stakes.

The activities of the oil companies have caused several environmental and economic issues in the region, leading to militancy in the past.

In recent times, there has been a resurgence of militant activities in the region with new groups taking up arms and attacking oil installations in the region.

A militant group known as Niger Delta Avengers has claimed responsibility for the recent attacks on oil-producing facilities causing the shutdown of oil terminals and a fall in Nigeria’s oil production to its lowest level.

Burutai Asks Niger Delta Militants To Speak With One Voice

Army, Tukur Buratai, Niger Delta MilitantsThe Chief of Army Staff, Lieutenant General Tukur Burutai, has asked militants in the Niger Delta area of Nigeria to speak with one voice, if they expect to be taken seriously.

The Army Chief made the call on Monday on the side-line of a closed door meeting with security heads including the police, Department of State Services and representatives of oil companies in south-south Nigeria.

He told journalists in Rivers State that the proliferation of groups, who claim to be Niger Delta militants, do not come across as a genuine move for peace.

General Burutai stated that the “Exercise Crocodile Smile” should not be mistaken for an invasion in the region.

However, he maintained that the army would not hesitate to clamp down on any action that threatens the peace of the Niger Delta.

The call is coming barely two weeks after the Nigerian Army formally launched the new military exercise in the Niger Delta region.

The exercise has a mandate to provide adequate security for residents as well as critical national economic assets in the region.

General Buratai, who flagged-off the exercise in Sapele, Delta State, had urged military personnel to respect the rights of law abiding citizens in their areas of operation whom he said were critical to the success of the exercise.

Maj. Gen Kasimu Abdulkarim Takes Over As New GOC 2 Division

NIGERIAN ARMY 1The new Grand Officer Commanding, 2 Division, Nigeria Army, Maj. Gen Kasimu Abdulkarim, has called on officers under his command to rededicate themselves with trust and honesty in the discharge of their duties.

Maj. General Abdulkarim made the call at the handing over ceremony where he took over the mantle of leadership at the headquarters of 2 Division Adekunle Fajuyi Cantonment, Ibadan, Oyo State.

The new GOC was received amidst fanfare by officers of the division replaced Maj. Gen. Lazarios Ilo, who just retired.

After all necessary instruments of office was handed over to the new boss, he urged the 2 Division to work in tandem to with the Chief of Army Staff’s vision of astute professionalism and required dedication to overcome contemporary challenges.

The handing over ceremony was witnessed by senior military officers under the command.

Troops Smash Gunmen In Rivers State

Army, Troops, Rivers State, GunmenTroops of the Two Brigade of the Nigeria Army have raided gunmen hideout and and ended their activities along on a major highway in Rivers State.

A statement by the Brigade on Sunday noted that the group of gunmen operated Tai Local Government Area (LGA) of the state in south-south Nigeria.

The attackers were said to have shot sporadically and harassed innocent motorists.

The Army officials promptly intervened by engaging the gunmen, killing two of them and thereafter, re-opened the road.

Items recovered from the group during the operation include: an AK 47 rifle, one FN rifle, a G3 rifle and three Dane guns.

Also recovered were two AK 47 magazines, an FN magazine, two G3 magazines, a saw and 180 rounds of assorted ammunition.

While some of the gunmen escaped with gunshot wounds on Saturday, the Army asked residents to report anyone suspected to be having gunshot wounds to the nearest security agencies.

They urged the people to go about their lawful activities, saying normalcy had been restored in Tai LGA.

The Brigade reminded the populace to continue to provide security agencies with useful information to combat crime.

Mix Feelings As Yobe Government Closes IDP Camp

IDP Camp, Yobe GovernmentIt was mix feelings as the Yobe State government closed the Bukar Ali IDP camp located south of Damaturu, the state capital.

The closure of the camp according to the Executive Secretary of the Yobe State Emergency Management Agency (SEMA) was sequel to request by the IDPs to return to their ancestral home, owing to relative peace being enjoyed across the state and the northeast as a whole.

While it was a thing of joy for the people to go back home after the return of peace in the troubled areas, especially for the parents, the children were sad that their educational development have been truncated.

The area of concern in the return of the IDPs was that it would greatly affect the curriculum of children who have within the period been enrolled into the educational system at the camp being run by the Army Education Corps.

The children, according to their teacher, Oke Eke of the Army Education Corps, have greatly improved over the period of their stay but their return would deal a big blow to their educational development.

Similarly, the President of the Yobe State chapter of the National Council of Women Society, Halima Joda, expressed sadness over the return of the children to their ancestral homes saying it would have adverse effects on their education.

They called on government to make the educational development of the children a top priority by ensuring that as they return to their villages, teachers also resume at their duty posts to impact in them knowledge for the growth and development of the society.

The closure of the camp would affect 92 households where over 391 IDPs would return to their ancestral homes at Gambir, Malumti and Matirri villages.

Within the period of their stay at the camp, totalling 333 days, the Executive Secretary of SEMA, Idi Jidawa revealed that 35 million Naira was spent for establishing the camp, feeding and general upkeep of the displaced persons.

Each of the returning household, according to him, would also be given a return package to include; bags of rice, vegetable oil, cooking pot among other household equipment with 20,000 Naira cash.

Speaking on behalf of the returning IDPs, one of the pupils, Kasim Shetima, appreciated the contribution of the Yobe State government, the Nigeria Army, donor agencies and many others who contributed in taking care of them.