Operation Positive Identification and the Mixed Feelings of Nigerians

The spate of insecurity in Nigeria in recent times, has necessitated several responses both from the Government, the international community and the general public. It is in the effort at combating insecurity and insurgency, that the Nigerian public was recently greeted with the news of Operation Positive Identification (“OPI” or “the Operation”), purportedly initiated by the Nigerian Armed Forces (“the Nigerian Army” or “the military”). The Operation is such that, every person is required to go about with any of the acceptable regulatory means of identification, as the Nigerian Army can stop and search anyone, during any transit for necessary identification. Hence, it was said that, there will be massive presence of military personnel on the roads to undertake this Operation, which was expected to commence on 1st November, 2019 through 23rd December, 2019.

Reactions This development has created mixed feelings, amongst Nigerians. To some persons, this Operation will help the military curb or eliminate the incessant incidences of security breaches, kidnapping and other acts of insurgencies. However, more prominent concern, is the legality of the action, particularly in relation to democratic principles and the rights of the citizens.

In a free democratic society, the security and protection of the lives and properties of citizens and residents alike, is the responsibility of the Police. In Nigeria, the combined provisions of Sections 215(3), 217(2) and 218 of the Constitution of the Federal Republic of Nigeria, 1999 as amended (“the Constitution”), and Section 4 of the Police Act, provide the Police with the mandate for this responsibility. The military becomes relevant for internal security, only where there is imminent or actual threat to the sovereignty of the nation. In a case where there is none, the interference of the military in internal security, becomes unnecessary. To do so, is to create an atmosphere of military dictatorship.

Hence, the purported acts of the Nigerian Army to undertake the OPI across Nigeria has been criticised by a number of well-meaning Nigerians and institutions, including the Nigerian Bar Association (NBA). There has been a call to the Federal Government to restrain the Nigerian Army from carrying out this Operation, which at best, can be likened to the South African Apartheid regime. The NBA has cautioned the Federal Government, “to ensure that the liberties and rights of Nigerians, as guaranteed by the Constitution of the Federal Republic of Nigeria, 1999, as amended, are enforced and observed in all practical terms”.

Constitutional Provisions The Constitution, guarantees the rights and liberties of every Nigerian, including freedom of movement. Section 41(1) of the Constitution provides as follows: “Every Citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen shall be expelled from Nigeria or refused entry thereto or exit therefrom.”

Granted that these rights can be derogated from in certain instances, but same must be in consonance with the provisions of the Constitution. For example, Section 45(1) provides: “Nothing in Sections 37, 38, 39, 40, and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society – (a) in the interest of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedom of other persons”.

What is important here is that, there must be a law permitting such derogation, and such law must be in tandem with democratic principles, hence “reasonably justifiable in a democratic society.” The above provisions of the Constitution do not in any way imply that the Government can take any action it deems fit or at any time it so desires, which actions would in themselves, be inconsistent with democratic principles.

There has not been any justification for OPI, and how the Operation would not entirely violate the rights and liberties of Nigerians. Although, the Nigerian Army has attempted to clarify the issue and has denied that the Operation was being carried out across Nigeria, but, rather, in certain parts of the North East as a complimentary exercise to Operation Lafiya Dole. This is no sufficient explanation, for this Operation! It is however, irrelevant, the part of Nigeria such Operation is being carried. What is important, is the legality of the Operation, and the protection of the rights and liberties of Nigerians. People living in the North East are no less Nigerian, who should be deprived of their rights and liberties. All Nigerians, without exception, are entitled to equal protection of their rights and liberties, without undermining individual rights to freedom of movement, privacy, liberty and dignity of the human person.

It is unreasonable for any Nigerian to be unnecessarily put under interrogation, without any suspicion of crime. Hence, it suggested that, the Nigerian Army must take appropriate caution in its planned action, where the exercise becomes absolutely necessary and inevitable, and join hands with the Police, in attending to the security issues in the country. OPI must not be used by the Nigerian Army to target unsuspecting and law-abiding Nigerians, or to conduct unwarranted searches in the persons or residences of Nigerians.

Fears of Abuse There is thus, the fear that the Operation will be abused. As for example, anyone who does not have any means of identification at any instance, when demanded for, can be subjected to abuse, assault or even extortion. In that situation, will the Nigerian Army arrest the person, or will they deport such person? The question to be asked then is, does the military have the power of arrest or deportation, which are the prerogatives of the Police and the Nigeria Immigration Service? What then will be the response of the military in such situation? Will it be to hand over such person to the Police? If so, then, the more reason the military is not the appropriate agency, to carry out this exercise.

Another question to be asked is, how would the military identify certain groups of citizens like the underage? who do not have any of these regulatory means of identification? Does that mean they are not Nigerians? Does that turn such persons into criminals? Also, does it mean that the so-called criminals, do not have any of these means of identification? This makes a mockery of the entire exercise, especially with the ease with which even non-Nigerians could acquire any of these means of identification. It is rather sad that, Nigeria is yet to have a formidable uniform system of identification, otherwise such request of going about with means of identification, is totally needless.

Conclusion It is advisable that, the Operation be undertaken by the Nigeria Police Force or such other civil agencies, rather than the military. This will give some assurances of some sort to Nigerians, that the country is not in a state of war, which the instant action of the military seems to suggest, especially where there is no existing law empowering the military to conduct such Operation.

“IT IS HOWEVER, IRRELEVANT, THE PART OF NIGERIA SUCH OPERATION IS BEING CARRIED. WHAT IS IMPORTANT, IS THE LEGALITY OF THE OPERATION, AND THE PROTECTION OF THE RIGHTS AND LIBERTIES OF NIGERIANS. PEOPLE LIVING IN THE NORTH EAST ARE NO LESS NIGERIAN, WHO SHOULD BE DEPRIVED OF THEIR RIGHTS AND LIBERTIES”