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Falana Goes to Court Over Operation Positive Identification

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Lagos-based human right lawyer, Femi Falana (SAN) has dragged the Nigerian Army, its Chief of Army Staff and the Attorney-General of the Federation before the Federal High Court in Lagos over the planned Operation Positive Identification by the military.

In the suit marked FHC/L/CS/1939/2019, Falana said the planned nationwide operation scheduled for November 1, to December 23, 2019, by which Nigerian citizens would be required to move about with means of identification is unconstitutional, illegal, null and void.

He argued that the planned operation violates his right and that of other Nigerian citizens to liberty, 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.

The human rights lawyer also filed an order seeking an interim injunction restraining the three defendants from going on with the plan pending the hearing of the substantive suit.

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.

He noted that the increase in deployment of security forces nationwide would be with potential of movement disruption, and the army had thus advised Nigerians to ensure that they always carry valid means of identification.

Falana argued, through his lawyers, Mrs. Funmi Falana and Taiwo Olawanle, who filed the suit on his behalf, that 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 contended that going by section 217(1) of the Constitution, the Nigerian President of could only deploy the armed forces for the suppression of insurrection and acting in aid of civil authorities to restore law and order.

But he said, “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 November 1, 2019 to December 23, 2019.

“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.

“The 1st respondent (the Nigerian Army) 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.”(NAN)

JUDICIARY

Pastor Arraigned over Alleged Rape of Married Woman in Edo

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From Joseph Ebi Kanjo, Benin

A 38-year-old pastor, Simeon Okehielem of the Synagogue Prayers Ministry has been arraigned before an Edo State High Court for allegedly raping a married woman, Isoken Vivian Aigbedo.

The pastor, who was accused of engaging in sexual relationships with married women within his congregation, was docked before the court in Benin City, on Thursday last week.

The charges against Pastor Okehielem followed a year 2022 incident in Uholor Community of Benin City where the cleric allegedly drugged and raped the woman leading to the birth of a child.

Recent DNA results reportedly confirmed the pastor as the biological father of the child, which prompted the Nigerian Police to re-arrest and formally arraign him.

The presiding judge, Justice Erhabor, granted an ex-parte order to remand the suspect at the Benin Correctional Custodial Centre for 14 days, pending legal advice from the Director of Public Prosecution (DPP), Ministry of Justice, Edo State.

The State Prosecutor, P.O. Odion told the court that the alleged offence occurred in February 2022.

Okehielem was slammed with two-count charge on alleged rape and administering a stupefying substance with the intent to commit a felony.

The charge sheet, marked Suit No: BLOD/2323M/2025, reads: “That you, Okehielem Simeon ‘m’, in or about the month of February 2022, in Benin City within the Benin Criminal Division, did rape one Mrs Isoken Vivian Aigbedo and thereby committed an offence contrary to Section 4, punishable under Section 5(1) of the Violence Against Persons (Prohibition) Law, 2021.

“That you, Okehielem Simeon ‘m’, in or about the month of February 2022, in Benin City within the Benin Criminal Division, with intent to commit a felony, administered a substance to stupefy one Mrs Isoken Vivian Aigbedo, thereby committing an offence punishable under Section 256 of the Criminal Law of Edo State, 2022.”

Speaking to journalists after the court session, the victim’s legal counsel, Clinton Ogbebor, applauded the Police for its diligence.

“We are in court today over the alleged rape of my client, Mrs Isoken Aigbedo, by one Pastor Simeon Okehielem,” he said.

Ogbebor confirmed that the case file would now be forwarded to the office of the DPP for legal advice, after which the trial will proceed accordingly.

The development has stirred debates across Benin City, with residents and religious leaders expressing shock and calling for justice.

The case has been adjourned pending further legal advice from the Director of Public Prosecution.

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JUDICIARY

Court Bars Bello from Acting as Nasarawa APC Chairman

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A Senior District Court 3, Lafia, Nasarawa State, on Thursday restrained Mr Aliyu Bello, the embattled Chairman of All Progressives Congress (APC) in the state, from presenting himself as Chairman or a member of the party.This followed a motion filed by Suleiman Turaki, Counsel to Ibrahim Iliyasu, the Chairman of APC in Gayam Electoral Ward of Lafia Local Government Area of the state.

Report says that on July 1, Iliyasu, alongside 13 other officials of the party in the ward, suspended Bello from the party over alleged anti-party activities.
The order signed by Abdullahi Lanze, Senior District Judge of the court, stated that the prayer was granted after hearing the application presented by the applicant’s counsel.
The order specifically restrained Bello, his agents, privies, supporters or any person acting on his behalf, authority, or direction, from presenting himself as a member or Chairman of the party.The court also barred Bello from issuing statements, carrying out functions, or acting in any manner whatsoever, through the media or otherwise, as a member or Chairman of APC.This would be pending the hearing and determination of the motion on notice. (NAN).

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Unemployed Man Arraigned for Allegedly Impersonating Military Officer

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 A 30-year-old unemployed man, Sadiq Usman, on Thursday appeared before an Ikeja Magistrates’ Court for allegedly parading himself as a military officer.

Usman is facing a two-count charge of impersonation.

He, however, pleaded not guilty to the charge.

The prosecutor, Supol Josephine Ikhayere, told the court that the defendant committed the offences on May 24 at about 3.

30 p.
m. at Alaba Rago Market area of Ojo, Lagos State.

Ikhayere said that the defendant, who was unemployed, unlawfully had in his possession a Nigerian military camouflage uniform, cap, belt, and boots.

“He paraded himself as a member of the Nigerian Army and had in his possession two Nigerian Navy identity cards,” she said.

According to her, the defendant was arrested when he failed to give a satisfactory account of the items.

The prosecutor said that the offences contravened sections 77(a)(b) and 79(a)(b) of the Criminal Law of Lagos State, 2015.

Section 77 stipulates a three-year jail term for anyone found guilty of impersonating a member of the armed forces or the police.

Section 79 stipulates two years imprisonment for unlawfully wearing the uniform of the armed forces.

The Magistrate, Mr Lateef Owolabi, granted the defendant bail in the sum of N150,000 with two reliable sureties in like sum.

He ordered that the sureties must show evidence of tax payments to the Lagos State Government.

Owolabi adjourned the case until July 1 for mention. (NAN)

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