Godwin Tsa, Abuja
The Abuja Division of the Federal High Court has been asked to dismiss the suit challenging the ongoing operation code named “Python Dance III by the Nigerian Army.
A Lagos based-legal practitioner, Malcolm Omirhobo, had in his suit with number FHC/ABJ/CS/ 01/2019, approached the court to declare as unlawful and unconstitutional, the declaration of “Operation Python Dance” by the army, across the nation.
The suit which was instituted by Omirhobo and Board of Incorporated Trustees of Malcom Omirhobo Foundation, listed the Attorney General of the Federation, the National Assembly, the Inspector General of Police, the Nigeria Police Council, Police Affairs Commission and the Service Chiefs as respondents.
But a civil society organisation, Initiative for Minority Advancement for Great Development (IMRAGD), has asked that the suit be dismissed on the grounds that it was misconceived and intended to interfere with the statutory duty and operations of the Nigerian Army.
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According to counsel to the group, Mr Otemu Oghenovo, the intention of his client was to show to the court that the suit filed by Chief Omirhobo was misconceived and an attempt to interfere in the statutory duty and operations of the Nigerian Army.
In the affidavit deposed to, by Eruke Asivwe, the plaintiff said; “That the applicant herein intends to challenge the suit on the ground that it is misconceived and an attempt to interfere into the statutory duties and responsibilities of the Nigerian Army.
“That if the plaintiff succeeds and the Nigerian Army made to its legitimate operations, the applicants, its trustees and members will be adversely affected.
“That I know that it is just and judicious for the honourable court to allow the applicant to be joined to enable it present its own case.
“That I also know as a fact that this suit affects the interest and its presence in the determination will give the court the competent jurisdiction.”
In the main suit, Omirhobo, is seeking the court’s declaration that the commencement of a nationwide “Operation Python Dance” with effect from January 1 to February 28, by the military to tackle internal security challenges during the conduct of the country’s general elections was illegal and undemocratic.
According to him, it violated the fundamental rights of the applicant, as well as those of the Nigerian public, to life, dignity of human person, personal liberty, family and private life, freedom of expression, peaceful assembly and association, and freedom of movement.
No date has been fixed for hearing of the suit.