Operation Positive Identification: Court says army has no powers to subject civilians to such exercise

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The Federal High Court sitting in Lagos has upheld a Fundamental Rights Enforcement Suit instituted by human rights lawyer, Femi Falana (SAN) over the planned implementation of the “Operation Positive Identification’. Justice Rilwan Aikawa held that the Nigerian Army has no power under the Constitution to subject civilians to such positive identification.

While dismissing the objections of the Attorney General of the Federation and the Nigerian Army, the judge held that the applicant, Femi Falana SAN has the locus standi to have instituted the suit. The judge also ruled that the fundamental rights of the Nigerian people to liberty and freedom of movement would be breached by the planned positive identification.

Falana, a Senior Advocate of Nigeria (SAN), had filed the Fundamental Rights Enforcement suit on the 25th of October against the planned exercise by the army scheduled to hold from 1 November to 23 December 2019.

He listed the Nigerian Army, the Chief of Army Staff, Lieutenant General Tukur Buratai, and the Attorney General of the Federation, Abubakar Malami, as the respondents to the suit.

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