General
Nigerian army has no right to declare any citizen wanted, court declares
Justice of the Federal High Court in Abuja, Ijeoma Ojukwu, has declared that the Nigerian army has no powers to declare any citizen wanted.
This declaration was issued on Monday, July 13 while delivering judgement in a suit filed by a Nigerian activist in diaspora, Issa Perry Brimah against the Nigerian Army.
Recall that Brimah filed the lawsuit against the Nigerian Army in January 2019.
Brimah said the army was working with INTERPOL to declare him wanted for raising funds for troops and vigilantes fighting Boko Haram insurgents in the north-east.
Brimah had launched a GoFundMe campaign to raise funds to provide food for the soldiers prosecuting the war against insurgents in the North East.
However, the Nigerian Army kicked against his gesture, describing it as a fraudulent venture he, Brimah, embarked upon to “ostensibly to defraud unsuspecting members of the public, especially the international community to fund subversive activities and personal lifestyle”.
Brimah immediately instituted the lawsuit against the Army for alleged defamation. He said he was suing the Army ”on behalf of millions of disenfranchised citizens of the state who have often been intimidated and terrorized by the Nigerian army in flaunting of the constitution by act of willfully declaring citizens wanted and making arrests within the democratic space in the stead of the police, the formal law enforcers”.
Delivering judgement in the case, Justice Ojukwu held that the army had no right to declare the plaintiff wanted without making a formal report to law enforcement agencies who enforce law and order.
“The army or defendant has no vires to declare the plaintiff wanted without due process of law. However, it must be stated here without equivocation that the defendant has no right to declare the plaintiff wanted without following the appropriate procedure.
The defendant cannot arrest the plaintiff arbitrarily without making a formal report to law enforcement agency with the mandate to enforce law and order, otherwise, it would transmute to self-help. The duty of the defendant is to make a formal report to the appropriate authority like the police and await the outcome.” she said.
-
News13 hours ago
N3.5bn irregularities uncovered in Taraba varsity
-
Crime12 hours ago
Why I abandoned my 13 months baby in well – Delta mother
-
Metro13 hours ago
Delta killing: Court hears villagers’ N100bn suit against army
-
News13 hours ago
Ruto to address Kenyans as deadly flood toll hits 188
-
Metro9 hours ago
EFCC move against schools charging in dollars
-
Economy9 hours ago
FG to increase mining license fees, charges
-
News13 hours ago
Parents kick as Abuja varsity student slumps, dies in gym
-
Economy13 hours ago
Nigeria needs $2bn to revive Ajaokuta Steel – Minister