Lawyer Sues FG, Others over Use of Military to Enforce Law, Order in Nigeria
A Lagos-based Lawyer and Human Rights Activist, Chief Malcom Omirhobo, has filed a fundamental human rights suit at a Federal High Court in Abuja, challenging the use and the support of the use of the Nigerian Military by the Federal Government, in the enforcement and maintenance of law and order in Nigeria, instead of the Nigeria Police Force.
The suit brought pursuant to Order 1 Rule 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009 and Sections 33, 34, 35, 37, 39, 40, 41, 42 And 46(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), was filed on behalf of the indigenous peoples within the Federal Republic of Nigeria, amongst whom are The Indigenous Peoples of Igbo, The Indigenous Peoples of Mbembe, The Indigenous Peoples of Abayon, The Indigenous Peoples of Abua (Odual), The Indigenous Peoples of Adim.
Joined as Respondents in the suit include, President Muhammadu Buhari, the Attorney-General of the Federation, the National Assembly, The Senate President, Speaker of the House of Assembly, the Inspector General of Police, Chief of Army Staff, the 36 State Governors and State Assemblies.
In the suit, Omirhobo is asking the court to declare that the current Military intervention, aggression and occupation of the South-East, South-South Zones and the Niger Delta Region of the Federal Republic of Nigeria in oppression, suppression and repression of the indigenous peoples and the public therein agitating for their self-determination in usurpation of the primary and statutory functions of the Nigerian Police Force, is exploitative, oppressive and a violation of the fundamental rights to life, dignity of human person and freedom from discrimination of the indigenous peoples within Nigeria and the Nigerian Public and therefore, illegal, unlawful, undemocratic and unconstitutional.
The Applicant is also praying the court to declare that the proscription of the Indigenous People of Biafra (IPOB) as a Terrorist Group by the Federal Government, is a gross distortion and misrepresentation of IPOB’s agitation for the self-determination of the indigenous peoples of South-East Nigeria and therefore, illegal, unlawful, undemocratic and unconstitutional.
In an affidavit deposed to by the Applicant, he averred that he was worried and
concerned that the 1999 Constitution of the Federal Republic of Nigeria (as amended), is not a peoples’ and/or autochthonous Constitution, which has led to it being disrespected by Nigerians who are now agitating for the National Assembly to call for a National Sovereign Conference, for the enactment of a peoples’ Constitution via referendum.
He further averred that, he was worried and concerned about the Nigerian Military aggression, intervention and occupation of the South-South, South-East Zones and the Niger-Delta Region of Nigeria under the guise of the Military exercises tagged “Operation Crocodile Smile I and II” and “Operation Python dance I and II”, at the instance of the Federal Government to oppress, suppress, and repress the agitation of the indigenous peoples and public of the said Zones and Region for self-determination, and the anticipatory deployment of the Nigerian Military to South-West, North-Central, North-East and North-West Zones of Nigeria.
Omirhobo said that Nigeria represents one of the world’s largest markets, with a multi-ethnic State inhabited by over 500 ethnic groups who speak over 500 different languages, and identified with diverse cultures.
He added that, these ethnic nationalities that have existed from time immemorial to date, and are still in existence; and none, to date, has become extinct.
“Each of these ethnic nationalities have to date, proudly retained their identities, languages, cultures, traditions, civilisations, and religions, which they have with pride, passed on from one generation to the other.
“That none of these ethnic nationalities have moved away from their homeland of inheritance, or from their fore bearers/ ancestral land”, he averred.
The Applicant submitted that, the right to self-determination of the indigenous peoples within Nigeria, is automatic and doesn’t come after negotiations.
According to the Applicant, the indigenous peoples within Nigeria, have the unfettered and inalienable right to self-determination, without the need for any form of negotiation with the Federal Government.
He, therefore, sought a declaration that the Federal Republic of Nigeria is a failing State and consequently, requires the enactment of an “autochthonous” Constitution created by the indigenous peoples within Nigeria, and approved via referendum, to save Nigeria from disintegrating and becoming a failed State.
He also prayed the court amongst others, to direct the Federal Government to train, equip, and adequately fund the Nigeria Police Force, to enable her perform her primary and statutory responsibilities of enforcing and maintaining law and order in the entire Federal Republic of Nigeria, more particularly and urgently in the South-East, South-South and the Niger Delta Region of the Federal Republic of Nigeria.