Stop indiscriminate military deployment, lawyer tells court

Human rights lawyer, Chief Malcolm Omirhobo has asked the Federal High Court in Abuja for an order stopping the deployment of the military in peace time to any community in the country.

Justice Binta Nyako of the Federal High Court Abuja, on Monday, fixed April 23, for hearing of the suit seeking to stop the Federal government from deploying the military to maintain law and order which is the constitutional responsibility of the Nigeria Police.

Chief Omirhobo who filed the suit seeking to enforce the fundamental rights of 373 indigenous Peoples and some pressure groups in the country had joined the Federal Government and the 36 State Governments as respondents.

In the suit marked, FHC/ABJ/CS/107/2018 the plaintiff named the President, Attorney General of the Federation, National Assembly, Senate president, Speaker of the House of Representatives, Security Chiefs, Minister of Defence, governments of the 36 states of the federation, their attorneys general and Houses of Assembly, as well as the Federal Capital Territory (FCT as respondents.

Justice Nyako, gave the date after granting an exparte application of Chief Omirhobo, seeking leave of court to serve the originating motion on notice and accompanying court processes outside jurisdiction of the court.

When the matter came up for hearing, yesterday, counsel to the plaintiff, Chinyere Okpalla, informed the court of an application to serve respondents outside jurisdiction of the court.

After she granted leave to the plaintiff to serve some of the respondents outside jurisdiction, Justice Nyako adjourned the matter to April 23 for the hearing of the Originating Motion.

The plaintiff had on January 8, 2018 instituted the fundamental human rights suit on behalf of 373 ethnic nationalities and 45 pressure groups and agitators in Nigeria, asking for 22 reliefs.

Among which are a declaration that the use and deployment of the Nigerian Military by the respondents for maintenance of law and order in Nigeria is oppressive.

That the enforcement and maintenance of law and order in Nigeria by the military instead of Nigeria police is not only oppressive but violates their rights to life, dignity of human person, personal liberty, family and private life, freedom of expression, peaceful assembly and association, movement and freedom from discrimination of the indigenous peoples within Nigeria and the Nigerian Public and therefore illegal, unlawful, undemocratic and unconstitutional.

The applicant in the suit therefore wants a declaration that the Military intervention, aggression and occupation of the South-East, South-South Zones and the Niger Delta Region in suppression of the indigenous peoples and the public agitation for their self-determination at the instance of the 1st and 2nd Respondents and the anticipatory deployment of the Nigerian Military to South-West, North-Central, North-West and North-East Zones of Nigeria to quell likely agitations for self-determination is exploitative, oppressive and a violation of the fundamental rights to life and therefore illegal.

Omirhobo also prayed the court to compel the IGP as the Chief Police Officer of Nigeria to take charge of the enforcement and maintenance of law and order in the country.

The applicant also asked for a perpetual injunction restraining the respondents from further oppressing the people.

The application is supported by a 1068 paragraph affidavit deposed to by the applicant, where he averred that he is suing for the enforcement of the fundamental human rights of the over 500 indigenous peoples within Nigeria, which includes the 373 indigenous peoples and 44 pressure groups agitating for self-determination as well as the Nigerian Public.

Omirhobo, in the suit also urged the court to compel the president “to train, equip and adequately fund the Nigeria Police to enable her perform her primary and statutory responsibilities” in the country.