Chukwuemeka Njoku, Abuja.
Chief Malcom Omirhobo, a Lagos-based rights activist has instituted a suit at the Federal High Court sitting in Abuja, seeking to stop the Federal Government and the Nigerian Army from carrying out “Operation Python Dance” across the nation. Specifically, the suit, marked FHC/ABJ/CS/01/2019, filed on Wednesday, wants an order of court declaring the planned military operation during the election period as illegal, unlawful and unconstitutional.The applicant contends that the commencement of a nationwide “Operation Python Dance” which started on January 1 and expected to end on February 28, by the military to tackle internal security challenges during the conduct of the country’s general elections is illegal and undemocratic. Omirhobo averred that the operation is a flagrant violation of his fundamental rights to life, dignity of human person, personal liberty, family and private life, freedom of expression, peaceful assembly and association, and freedom of movement, as well as those of other Nigerians. The applicants are Omirhobo and Board of Incorporated Trustees of Malcom Omirhobo Foundation. Apart from the Attorney General of the Federation and Minister of Justice, and Army, the applicant joined the National Assembly, the Inspector General of Police, the Nigeria Police Council, Police Service Commission as well as the various Service Chiefs as respondents.The suit which is yet to be assigned to a judge, seeks an order of perpetual injunction, restraining the respondents from using the military to perform the duties of the police, in the enforcement and maintenance of law and order, before, during, and after the conduct of the 2019 general elections.The applicant also is asking the court to make an order, for the enforcement of his fundamental rights, and those of the Nigerian public, to life, dignity of human person, personal liberty, as well as private and family life. In addition, the suit prays the court to declare that it is the primary duty of the Police to tackle internal security challenges such as terrorism, kidnapping, militancy and arms proliferation, and not that of the Armed Forces or military. More so, the applicant is praying for a declaration that the use of the military to perform the functions of the Police in the conduct of the 2019 elections is “illegal, unlawful and unconstitutional”. Further more, the applicant wants an order, compelling the respondents to respect the fundamental rights of the applicant as well as those of Nigerians, by allowing the Police to discharge its statutory functions of enforcement and maintenance of law and order. Besides, Omirhobo is askingthe court to make an order that the respondent clears off the military from the public spheres and stops forthwith, the use of “Operation Python Dance” in the conduct of the 2019 general elections.He also prays for an order compelling the police to take charge of the enforcement and maintenance of law and order in their various commands, before, during, and even after the general elections.
