No doubt, the federal authorities of Nigeria has the duty to hold law together with guild inward the country. But it is the duty which cannot hold upwards carried out exterior the ambit of the law of the land. Last weekend, armed troops invaded Abia inward Abia province to contend amongst the alleged threat of Mr. Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB) to destabilize the country. It was reported yesterday that the troops remove hold taken over the menage unit of measurement solid of Mr. Kanu together with set him nether solid arrest. I wishing to submit, without whatsoever fearfulness of contradiction, that the deployment of armed troops inward Abia province together with the solid arrest of Mr. Kanu are illegal together with unconstitutional on the next grounds:
(1) By virtue of department 215 (3) of the Constitution, the Nigeria Police Force has been conferred amongst the exclusive ability to hold law together with guild together with secure populace security together with populace guild inward the country.
(2) Having filed an application inward the Federal High Court for the re-arrest together with detention of Mr. Kanu for allegedly breaching the weather attached to his bail the federal authorities ought non to remove hold presented the lawsuit approximate amongst a fait accompli past times resorting to self-help inward the circumstance.
(3) Although the President is empowered past times virtue of department 217(2) of the Constitution to deploy the armed forces for the "suppression of insurrection together with acting inward assistance of civil authorities to restore law order" he cannot practice the ability until at that spot is an insurrection or civil disturbance which cannot hold upwards contained past times the police.
(4) Since at that spot was no insurrection inward Aba State which the Nigeria Police Force could non comprise the deployment of armed troops past times the President together with Commander-in-Chief of the armed forces cannot hold upwards justified inward law.
(5) However, if the federal authorities has prove of other criminal offenses of late committed past times Mr. Kanu the Police should remove hold been directed to arrest him together with accuse him to courtroom without whatsoever delay.
(6) Neither the Constitution nor the Armed Forces Act Cap A20 Laws of the Federation of Nigeria, 2004 has empowered the Nigeria Army to arrest whatsoever citizen who is non champaign of study to service law.
(7) In the example of Yussuf v Obasanjo (2005), xviii NWLR (Pt 956) 96 the Court of Appeal held that "It is upwards to the police push clit to protect our nascent republic together with non the military, otherwise the republic mightiness hold upwards wittingly or unwittingly militarized. This is non what the citizenry bargained for inward wrestling ability from the armed forces inward 1999. Conscious pace or steps should hold upwards taken to civilianize the polity to ensure the survival together with sustenance of democracy”.
Regrettably, no witting efforts remove hold been made past times the civilian authorities to demilitarize the province since ability was transferred from onetime armed forces dictators to the civilian fly of the political degree inward May 1999. Hence, armed soldiers remove hold been allowed to run along to hold upwards involved inward the maintenance of law together with guild inward all the states of the federation. Up till now, province governments remove hold allowed armed soldiers to stay members of the police push clit anti robbery squads. They remove hold been deployed, from fourth dimension to time, past times the President to contend amongst the menace of herdsmen together with kidnappers. They remove hold only been authorized to contend ruthlessly amongst civilians who are involved inward whatsoever shape of agitation for self-determination.
There is no legal footing for authorizing the Nigerian regular army to remove hold over police push clit duties. Even nether the defunct armed forces era inward Nigeria, the armed forces dictators had to declare a province of emergency to legitimize the usurpation of police push clit powers past times the armed forces. But nether a democratic dispensation, the President together with Commander-in-chief of the armed forces lacks the ability to deploy members of the armed forces inward the maintenance of internal security inward whatsoever role of the country. Hence, inward waging the state of war on terror inward the due north due east percentage a province of emergency was declared past times President Jonathan to justify the deployment of members of the armed forces equally role of the extraordinary measures required past times him to restore law together with guild pursuant to department 305 of the Constitution. Thereafter, the President sought together with obtained the blessing of the National Assembly for the said deployment of the armed forces.
In persuasion of the foregoing, the President should straight the armed troops who remove hold invaded Aba inward Abia State to withdraw together with provide to their barracks forthwith. At the same time, the Commissioner of Police inward Abia province should hold upwards allowed to remove hold over the example of Mr. Kanu inward line of piece of employment amongst the provisions of the Constitution together with the Police Act. If he is indicted inward the investigation that is expected to hold upwards conducted past times the Police he should hold upwards charged to courtroom equally he is non inward a higher house the law. But on no account, the regular army should the regular army hold upwards involved inward the arrest, investigation together with possible prosecution of Mr. Kanu or whatsoever other civilian inward the country.
Femi Falana (SAN) is a Nigerian Lawyer together with human rights activist.