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JUDICIARY

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

Court Remands Landlord for Alleged Defilement of Tenant’s Daughter

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Federal High Courts
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A family court sitting at Iyaganku, Ibadan, on Tuesday ordered the remand of one Musibau Lamidi, 50, for alleged defilement of his tenant’s six-year-old daughter.

The Magistrate, Mrs S. A . Adesina, ordered that the landlord should be kept at the Agodi custodial facility pending advice from Oyo State  Director of Public Prosecutions.

Adesina did not take the landlord’s plea.

She adjourned the case until April 25 for mention.

Reports says that Musibau, a resident of Olode, Ibadan, was charged on one-count of defilement.

Earlier, the prosecutor, Insp Gbemisola Adedeji, told the court that the defendant, on March 13, between 8. 00 a.

m. and 4.00 p.m.  defiled his tenant’s daughter.

Adedeji said that Musibau had an issue with the child’s mother and asked her to pack out.

The prosecutor said that when the woman went to look for a house to rent, the defendant defiled  her daughter.

She said that the offence contravened Section 34 of the Oyo State Child Right’s
Law of 2006. (NAN)

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JUDICIARY

4 Friends Docked for Allegedly Threatening Cleric’s Life

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Four friends were on Monday docked in a Grade ‘A’ Customary Court in  Ibadan for allegedly threatening the life of  pastor Charles Gold.

The police charged Olatunji Musibau, 44;Abiodun Folarin, 50; Kazeem Oluremi, 60 and Yusuf Sodiq, 23, with conspiracy and conduct likely to cause breach of peace.

The Prosecution Counsel, Mr Philip Amusan, told the court that the defendants allegedly committed the offence on March 8, at about 2 p.

m., at New Bodija Area in Ibadan.

Amusan alleged that the defendants and others at large, threatened violence against pastor Gold, of Echo Evangelical Ministry Ibadan.

He said the offence contravened the probisions of sections 516 and 383 of the Criminal Laws of Oyo State, 2000.

The defendants however pleaded not guilty to the charge.

The Court President, Mrs Moji Aworemi, admitted the defendants to bail in the sum of N150, 000 each and one surety each in like sum.

Aworemi held that the surety must be a blood relation to the defendants.

She adjourned the case until April 29, for mention. (NAN)

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2 Teenagers in Court for Allegedly Stealing Sewing Machine

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Two teenagers, Simor Aaron, 19, and Francis David, 18, were arraigned on Wednesday before a Kaduna Chief Magistrates’ Court for allegedly stealing a sewing machine and other items worth N325,000.

The defendants, both residents of High-Cost Narayi, Kaduna, are standing trial on a two-count charge of conspiracy and stealing, to which they pleaded not guilty.

The Prosecutor, Insp Chidi Leo, told the court that the defendants committed the offences on March 11, at Barnawa Kaduna.

According to Leo, the duo burgled a tailoring shop of one Gladys Peter and stole her sewing machine, six wrappers, and four clothing materials all valued at N325,000.

The prosecutor stated that the defendants were caught and handed over to the police by members of the vigilante group on patrol in the area.

Leo said that the offences contravened Sections 281 and 217 of the Penal Code of Kaduna State, 2017, which stipulates a three-year jail term for stealing and two years imprisonment for conspiracy.

The Magistrate, Ibrahim Emmanuel, granted the defendants bail in the sum of N100,000 each with two sureties each in like sum, who must be gainfully employed.

Emmanuel adjourned the case until April 22, for hearing. (NAN)

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