Human Right and Activist lawyer, Femi Falana has called on President Muhammadu Buhari to direct the soldiers who allegedly invaded residence of Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB, and Aba town in Abia State to “withdraw and return to their barracks forthwith.”

Men of the Nigerian Army had yesterday allegedly held the IPOB leader hostage while shooting sporadically at his Umuahia residence.

In his reaction, Falana described the action of the Army as “unconstitutional and illegal.”

Quoting section 215(3) of the Nigerian Constitution, the activist lawyer said the Nigeria Police Force has being empowered to maintain peace, public safety and not the Army.

He maintained that under a democratic dispensation, 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.”

Falana, noted that in view of the above, the Commissioner of Police in the state should be allowed to take over the case of Kanu in “line with the provisions of the Constitution and the Police Act.”

He noted that if Kanu is indicted during police investigations, he should be “charged to court as he is not above the law.”

The Senior Advocate warned that on no account should the Army be involved in the “arrest, investigation and possible prosecution of Kanu or any other civilian in the country.”

According to Falana, “No doubt, the Federal Government of Nigeria has the duty to maintain law and order in the country. But it is the duty which cannot be carried out outside the ambit of the law of the land. Last weekend, armed troops invaded Abia in Abia state to deal with the alleged threat of Mr. Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB) to destabilise the country.

“It was reported yesterday that the troops have taken over the family house of Mr Kanu and put him under house arrest. I wish to submit, without any fear of contradiction, that the deployment of armed troops in Abia state and the house arrest of Mr. Kanu are illegal and unconstitutional on the following grounds:

“By virtue of section 215 (3) of the Constitution 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.

“Having filed an application in the Federal High Court for the re-arrest and detention of Mr. Kanu for allegedly breaching the conditions attached to his bail the federal government ought not to have presented the trial judge with afait accompli by resorting to self help in the circumstance.

“Although the President is empowered by virtue of section 217(2) of the Constitution to deploy the armed forces for the “suppression of insurrection and acting in aid of civil authorities to restore law order” he cannot exercise the power until there is an insurrection or civil disturbance which cannot be contained by the police.

“Since there was no insurrection in Aba State which the Nigeria Police Force could not contain the deployment of armed troops by the President and Commander-in-Chief of the armed forces cannot be justified in law.

“However, if the federal government has evidence of other criminal offences recently committed by Mr. Kanu the Police should have been directed to arrest him and charge him to court without any delay.

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

“In the case of Yussuf v Obasanjo (2005) 18 NWLR (Pt 956) 96 the Court of Appeal held that “It is up to the police to protect our nascent democracy and not the military, otherwise the democracy might be wittingly or unwittingly militarised. This is not what the citizenry bargained for in wrestling power from the military in 1999. Conscious step or steps should be taken to civilianise the polity to ensure the survival and sustenance of democracy”.

“Regrettably, no conscious efforts have been made by the civilian government to demilitarise the country since power was transferred from former military dictators to the civilian wing of the political class in May 1999. Hence, armed soldiers have been allowed to continue to be involved in the maintenance of law and order in all the states of the federation. Up till now, state governments have allowed armed soldiers to remain members of the police anti robbery squads. They have been deployed, from time to time, by the President to deal with the menace of herdsmen and kidnappers. They have just been authorised to deal ruthlessly with civilians who are involved in any form of agitation for self determination.

“There is no legal basis for authorising the Nigerian army to take over police duties. Even under the defunct military era in Nigeria the military dictators had to declare a state of emergency to legitimise the usurpation of police powers by the armed forces. But under a democratic dispensation 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. Hence, in waging the war on terror in the north east region a state of emergency was declared by President Jonathan to justify the deployment of members of the armed forces as part of the extraordinary measures required by him to restore law and order pursuant to section 305 of the Constitution. Thereafter, the President sought and obtained the approval of the National Assembly for the said deployment of the armed forces.

“In view of the foregoing, the President should direct the armed troops who have invaded Aba in Abia State to withdraw and return to their barracks forthwith. At the same time, the Commissioner of Police in Abia state should be allowed to take over the case of Mr. Kanu in line with the provisions of the Constitution and the Police Act. If he is indicted in the investigation that is expected to be conducted by the Police he should be charged to court as he is not above the law. But on no account the army should be involved in the arrest, investigation and possible prosecution of Mr. Kanu or any other civilian in the country.”

Pythondancef:
I have been a silent reader on Nairaland but I had to register just to tell how disappointed I am with Buhari and the military.

Pythondancef:
I have been a silent reader on Nairaland but I had to register just to tell how disappointed I am with Buhari and the military.

TundeHashim:
I completely and wholeheartedly agree with Messrs Falana. I've repeated it on several occasions and on different fora that I do not support Nnamdi Kanu and in extension, the "current" Biafra agitation. Although in as much as i believe every people are entitled to self determination, igbo people can, in my humble opinion, seek for an independent country BUT that shouldn't be done using hate speeches, chest-beating, calling others skull miners and other derogatory names. It should be done by advancing logical argument and trying to get both national and international sympathy towards achieving self independence. Also, I don't think the Army is needed for this operation. it is a bad political move on the part of anyone responsible for this. at least, it has drawn many people who are on the fence to sympathize with Kanu. When one looks at life retrospectively with the view that everything we have (and even ourselves) would one day come to naught, is it safe if we ask is there anything really worth killing ourselves for

babyfaceafrica:
Whybshould they return?.. Falana go to court abeg..you no sabi anything

Bari22:
let nmandi surrender himself to the Nigerian army now

Pythondancef:
I have been a silent reader on Nairaland but I had to register just to tell how disappointed I am with Buhari and the military. I have traveled far and wide and I tell you that it's very hard to see military men(in uniforms) in other countries. I traveled to the US last year and I didn't see a single soldier throughout my stay. I only saw soldiers on TV but never did I see them on the streets.

It's totally unacceptable and unconstitutional of the Nigerian Army to invade civilian areas in a show of force. You don't intimidate civilian populace with weapons, especially in an area where the tension is high. It's complete terrorism on the part of the Army and I would like to advise them to stop whatever they are doing. The police should be deployed in cases like this.

It's just like a lion threatening to eat a rat and then few weeks later the lion comes closer to the rats house all in the name of "Show of force". Don't you think the rat would attack the lion just to gurrantee its safety? Don't you think the rat has reasons to attack first because of fear? This provocation by the Nigerian Army should stop, this Biafran issue should not be escalated further. The military should leave the court to decide Kanu's fate, they cannot take laws into their own hands.

I am not a Biafran supporter in anyway. All reasonable Nigerians should be against this madness. If we don't condemn the Nigerian military now, they will do this over and over again with impunity and you wouldn't know when it's going to be your turn. You might praise the army and condemn the Igbos now, but remember that we live in a world of karma.

I agree with Falana and all Nigerians APC or PDP should do the same..

profolaolu:
[s]When KANU was busy throwing tantrums and hate speech here and there falana kept quiet, so now when buhari want to test maybe he has power or not people are complaining,I thought d guy on TV was from Suda[/s]n

Temidayo9:


To every action there is equal and opposite reaction, that's wat is happening now. Peace is precious.

Pythondancef:
I have been a silent reader on Nairaland but I had to register just to tell how disappointed I am with Buhari and the military. I have traveled far and wide and I tell you that it's very hard to see military men(in uniforms) in other countries. I traveled to the US last year and I didn't see a single soldier throughout my stay. I only saw soldiers on TV but never did I see them on the streets.

It's totally unacceptable and unconstitutional of the Nigerian Army to invade civilian areas in a show of force. You don't intimidate civilian populace with weapons, especially in an area where the tension is high. It's complete terrorism on the part of the Army and I would like to advise them to stop whatever they are doing. The police should be deployed in cases like this.

It's just like a lion threatening to eat a rat and then few weeks later the lion comes closer to the rats house all in the name of "Show of force". Don't you think the rat would attack the lion just to gurrantee its safety? Don't you think the rat has reasons to attack first because of fear? This provocation by the Nigerian Army should stop, this Biafran issue should not be escalated further. The military should leave the court to decide Kanu's fate, they cannot take laws into their own hands.

I am not a Biafran supporter in anyway. All reasonable Nigerians should be against this madness. If we don't condemn the Nigerian military now, they will do this over and over again with impunity and you wouldn't know when it's going to be your turn. You might praise the army and condemn the Igbos now, but remember that we live in a world of karma.

I agree with Falana and all Nigerians APC or PDP should do the same..

akthedream:

SO he is no afonj today? What is your other moniker?

profolaolu:
When KANU was busy throwing tantrums and hate speech here and there falana kept quiet, so now when buhari want to test maybe he has power or not people are complaining,I thought d guy on TV was from Sudan