Human rights lawyer, Mr Femi Falana, SAN, yesterday
challenged the legality of dispatching of military men to quell riots in Abia
State...
where leader of Indigenous People Of Biafra, IPOB, leader, Nnamdi Kanu
resides by the Federal Government. In a statement he issued in Lagos and made
available to Vanguard, Falana therefore urged President Muhammadu Buhari to
immediately direct the armed troops to withdraw and return to their barracks.
Besides, Falana maintained that 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. In his statement, the lawyer submitted that:
“Without any fear of contradiction, the deployment of armed troops in Abia
state and the house arrest of Mr. Kanu are illegal and unconstitutional on the
following ground: “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 a
fait accompli by resorting to self help in the circumstance.” He argued that
though 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 and order”, but that 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.” Falana added. The lawyer argued further that, if Kanu 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
should the army be involved in the arrest, investigation and possible
prosecution of Mr. Kanu or any other civilian in the country,” he maintained.
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