Connect with us

Inside Nigeria

Nnamdi Kanu’s ‘House Arrest’ Is Illegal, Unconstitutional – Femi Falana

Femi Falana

Human rights lawyer, Femi Falana has said the deployment of armed troops in Abia state and the house arrest of Nnamdi Kanu are illegal and unconstitutional.

Falana said the Federal Government must maintain law and order without going against the constitution.

“No doubt, the federal government of Nigeria has the duty to maintain law and order in the country. But it is the duty which cannot be carried out outside the ambit of the law of the land,” he said.

“Last weekend, armed troops invaded Abia in Abia state to deal with 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 have taken over the family house of Mr Kanu and put him under house arrest.

“I wish to submit, without any fear of contradiction, that the deployment of armed troops in Abia state and the house arrest of Mr. Kanu are illegal and unconstitutional on the following grounds: (1) 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.

“(2) 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.

“(3) Although 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 order” he cannot exercise the power until there is an insurrection or civil disturbance which cannot be contained by the police.

“(4) 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.

“(5) However, if the federal government has evidence of other criminal offences recently committed by Mr. Kanu the Police should have been directed to arrest him and charge him to court without any 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 any citizen who is not subject to service law.

“(7) In the case of Yussuf v Obasanjo (2005) 18 NWLR (Pt 956) 96 the Court of Appeal held that ‘It is up to the police to protect our nascent democracy and not the military, otherwise the democracy might be wittingly or unwittingly militarized. This is not what the citizenry bargained for in wrestling power from the military in 1999. Conscious step or steps should be taken to civilianize the polity to ensure the survival and sustenance of democracy’.”

He added, “Regrettably, no conscious efforts have been made by the civilian government to demilitarize the country since power was transferred from former military dictators to the civilian wing of the political class in May 1999. Hence, armed soldiers have been allowed to continue to be involved in the maintenance of law and order in all the states of the federation.

“Up till now, state governments have allowed armed soldiers to remain members of the police anti robbery squads. They have been deployed, from time to time, by the President to deal with the menace of herdsmen and kidnappers. They have just been authorized to deal ruthlessly with civilians who are involved in any form of agitation for self determination.”

For adverts, sponsored articles and promotions, send a WhatsApp message to +234 908 608 0999, or send mail to: sales@orientaltimes.ng
81 Comments

81 Comments

  1. BiafraUnited

    September 15, 2017 at 1:21 am

    Thank you sir and God bless you.

  2. Rukayya Lawal

    September 13, 2017 at 9:38 pm

    What about the killings of the Hausas and burning Mosque and properties. are they legal? oga activist.

  3. Bless Ada Mgbeobuna

    September 13, 2017 at 8:04 pm

    That is an invasion of privacy and it is punishable by law

  4. Chinwenwa Okeke

    September 13, 2017 at 7:42 pm

    notin bt d trut

  5. Yacub Salih

    September 13, 2017 at 7:26 pm

    Femi, I hate to say this to you…Gerrout!

  6. I'tz SwizyBerry

    September 13, 2017 at 7:19 pm

    u ar a wise man

  7. Percheski Uche

    September 13, 2017 at 7:08 pm

    Truth is, nobody has the monopoly of violence, it actually takes a moment to start a war but years to end it. In civilized countries, protest are carried out on a reg, provided its a peaceful one, in my country, you have no right to agitate for any reason, the government will put a pin to your existence within a short time, and we call this democracy? Smh, we are doomed.

  8. Boniface Young

    September 13, 2017 at 7:06 pm

    Truth must be told and Biafra must come

  9. Daniel Nelson Dike

    September 13, 2017 at 6:20 pm

    That terrorist president and his Zombies Army, must face justice at ICC come what may,,! Confused old mental illness president ( Buhari the Boko-haram).

  10. Linda Osuji

    September 13, 2017 at 5:57 pm

    Buhari and his useless soldier’s

  11. Austin William

    September 13, 2017 at 4:08 pm

    You are just fooling yourself by saying such word because he’s breaking his bail conditions, ok?
    #GetThis

    • Chijioke Humphs

      September 13, 2017 at 4:56 pm

      I wonder if u were the one that issued the bail conditions?

  12. Christopher Ochini

    September 13, 2017 at 3:55 pm

    Correct

  13. Harrison Ike

    September 13, 2017 at 3:51 pm

    Buhari show ur certificate illiterate.

  14. Ken Oritsejolone

    September 13, 2017 at 3:15 pm

    If they leave this mad man called Kanu to cause war in Nigeria, can the constitution stop the war. Sometimes, lawyers are so blind and stupid. The only the they no is constitution. Nothing else. They can’t see reality . Too bad

  15. Onwuanyi Chukwujekwu Celestine

    September 13, 2017 at 3:07 pm

    God bless you for saying the truth

  16. Francisca Nwaneri

    September 13, 2017 at 2:38 pm

    God will help us in this country

  17. Azubike Atanmo

    September 13, 2017 at 2:33 pm

    Let the people speak out

  18. Daniel C Unakalamba

    September 13, 2017 at 2:28 pm

    Buhari is useless

  19. Bashir Sani

    September 13, 2017 at 2:28 pm

    Don’t help the idiot

  20. Yusuf H Auyo

    September 13, 2017 at 2:07 pm

    The expected action film has started

  21. Atata Jazrinwwe

    September 13, 2017 at 2:00 pm

    Tell them

  22. Geoffrey Udeagu

    September 13, 2017 at 2:00 pm

    Amidst all odds we still can see trueth full ones thank you

  23. Emmanuel Iwuchuchukwu

    September 13, 2017 at 1:54 pm

    but Nigerian did not av constitution dat is y president will always do anyhow

  24. Chukwuka Daniel Chiemeka

    September 13, 2017 at 1:52 pm

    Do we need a battalion of soldiers to place someone under house arrest considering the economic and social cost. The recklessness of this administration cannot be measured with any other in the world.

  25. Emeka Okpokoro

    September 13, 2017 at 1:52 pm

    News reaching us from Umuahia is that the Soldiers are shamelessly humiliated by IPOB members that have insisted on staying in Nnamdis house till the soldiers leave. They are gradually leaving in shame. Is a clear evidence that they have been defeated by Biafrans

  26. Abu Bkr Serdeeque

    September 13, 2017 at 1:52 pm

    But When He Was Violating His Court Bailing Conditions Where Were U… Or Are Just Coming Back From ” Sabatical’

    • Daniel Nelson Dike

      September 13, 2017 at 6:14 pm

      Idiot what has u done to Arewa Northern youths,?, useless fool.

  27. Musa Hardman Kurawa

    September 13, 2017 at 1:38 pm

    Ok go and protect the house

  28. Magnificent Jaunty

    September 13, 2017 at 1:35 pm

    More prominent Nigerians should speak up against this evil

  29. Amaka Ezebunanwa

    September 13, 2017 at 1:33 pm

    Thanks God .for us to see one person who can say true

  30. Chinemeze O Chinemeze

    September 13, 2017 at 1:32 pm

    The truth must be told or it might be u tomorrow stand up and defend ur fundamental human rights

  31. oblano

    September 13, 2017 at 2:29 pm

    You are speaking out late Mr. Falana. All of you so called human right activists and constitutional lawyers who have decided to keep quite in this Buhari’s regime of oppression and abuse of power, only God will judge. Was it Jonathan’s time Falana would have gone to ICC or WCC. He threatened Jonathan to war crime court over Bokoharam, group which is still killing thousands of Nigeria till date. But as their master Buhari is in power Falana has not seen anything wrong in all the evils committed by this blood mongering tyrant Buhari.

  32. Kingsley Amadikwa

    September 13, 2017 at 1:29 pm

    Thank you Mr Falana

  33. Tunde Ladimeji

    September 13, 2017 at 1:27 pm

    Femi Falana is a bloody bastard!

  34. Monday Sylvanus

    September 13, 2017 at 1:22 pm

    Okay

  35. Emmanuel George

    September 13, 2017 at 1:21 pm

    Looking packaged

  36. Shehu Maldini Maldini

    September 13, 2017 at 1:18 pm

    He must arrest

  37. Muhammad Sulaiman

    September 13, 2017 at 1:15 pm

    I beg shut up

    • Elvis Enyinnaye

      September 13, 2017 at 1:21 pm

      Thunder fire you stupid useless and brainless fool…may thunder destroy ur future

    • Muhammad Sulaiman

      September 13, 2017 at 1:25 pm

      You are not saying anything! Just howling typically, as the DOG you are worshipping another alien Dog, rejected by Israelis!

    • Victor Samson

      September 13, 2017 at 2:00 pm

      Ur ALA god is the most foolish god and the most barbaric worshippers

    • Sheddyb Okoro

      September 13, 2017 at 2:39 pm

      Why do u children of almajiri and hausa Fulani hate to hear d truth

  38. Osas Maverick Osas

    September 13, 2017 at 1:14 pm

    Shut up

  39. Joseph Chukwuocha

    September 13, 2017 at 1:13 pm

    Tell them

  40. Ademola Adeniyi

    September 13, 2017 at 1:12 pm

    Mad man lawyer

  41. Victor Okon

    September 13, 2017 at 1:11 pm

    Tell them

  42. Joshua Sunshine

    September 13, 2017 at 1:00 pm

    Ok

  43. Tobechukwu Adunigwe

    September 13, 2017 at 12:57 pm

    Becos wen the war starts Buhari n boko haram n Hausa Fulani will run away from Nigeria

  44. Emmanuel Bravo Nwakor

    September 13, 2017 at 12:57 pm

    The Zoo

  45. Tobechukwu Adunigwe

    September 13, 2017 at 12:57 pm

    Say it loud now

  46. Christmas Billy

    September 13, 2017 at 12:56 pm

    Many comments I read concerning break up of Nigeria are so shallow and senseless. Most people are pretending as if all is well with Nigeria, and I suspected most people out of ignorance and laziness do not want Nigeria to break up because of fear of war; whereas what an average Nigerians have been experiencing in the hands of the Hausa/Fulani hegemony, British exploitative imperialism, Western gang up to impoverished Nigeria economic and technological capacities, cabals and oligarchy domestic institutions perpetrating themselves to steal Nigeria wealth rendering poor masses perpetually poor, some elements adopting religion to conquer innocent believers are more than war. If one has a great intelligence and reasoning ability such person will know that the current agitation for break up is justified. It is a pity with level of Nigeria abundant and exceeding wealth all are been squandered in an ignoble ways. The unquenchable fire of break up has started and battle axe of God Almighty has descended upon Nigeria and he will justifiably do it in a way that the weak and sincere in heart will glorify God in victory, while the crooked generation will be wiped away by the Sword of Almighty God.arm struggle might be the solution but round table discussion will be the best…. Nigeria army should stop killing unarmed civilians….

  47. Ugobest Anulunkor

    September 13, 2017 at 12:55 pm

    Kingsley Chukwuezugo Okekearu did you hear him?

  48. Chom Rollings

    September 13, 2017 at 12:50 pm

    Zoo will face d wrath of God soon.

  49. Don Obi

    September 13, 2017 at 12:48 pm

    I can see how powerful Kanu is… he really put fear and sleepiest night to some animals called Almajiris arewa youths… up Kanu

  50. Sunny Rambo

    September 13, 2017 at 12:47 pm

    Arrest the terrorist kanu, seccession is also unconstitutional.

    • Uche Okwuoha

      September 13, 2017 at 1:04 pm

      Islam is pure darkness

    • Sunny Rambo

      September 13, 2017 at 1:30 pm

      Uche you are in darkness, you need islam so come to light.

    • Smith Anderson

      September 15, 2017 at 8:15 pm

      terrosist calling someone else terrorist.. laugh want kill me here o .. Sunny Rambo u no hear your name.. You must be one of those blood suckers and i believe you shall die iku ebgere for supporting evil AMEN.

  51. Chikodili Kingsley Nwamaradi

    September 13, 2017 at 12:47 pm

    Bastard zoo

  52. Auta Jibreela Hayatu

    September 13, 2017 at 12:47 pm

    Nonsense

  53. Auta Jibreela Hayatu

    September 13, 2017 at 12:46 pm

    And what he is doing and his followers is legal, you most be out of your mind

    • Uche Okwuoha

      September 13, 2017 at 1:02 pm

      Fuck u mad Islamist prostitute. Never will zoo be again. Death to 9j 4ever

    • Auta Jibreela Hayatu

      September 13, 2017 at 1:04 pm

      Idiot asshole lunatic wait and see what’s gonna happen to stinky people like you

    • Frank Zoe

      September 13, 2017 at 1:34 pm

      Even their women are frustrated and depressed too.

  54. Samson Kanayo

    September 13, 2017 at 12:43 pm

    Buhari need to go and start night school

  55. Nazeer Abdullah

    September 13, 2017 at 12:42 pm

    who’s this idiot coward talking nonsense from the other side

    • Uche Okwuoha

      September 13, 2017 at 1:00 pm

      Demon u and ur generation ur time is up. Death to and ppl like u 4ever. Mad Islamist cow from heil. To heil with ur useless pig from darkness of

    • Solomon Adubasim

      September 13, 2017 at 1:12 pm

      Satan in u must destroy u

  56. Moukhtar Garba Yaro

    September 13, 2017 at 12:41 pm

    Nonsense

  57. Christopher Uwem

    September 13, 2017 at 12:40 pm

    Good morning Nigerians ….

    Do you wish to travel Abroad,European counties, Spanish or any French speaking counties??? Here is a Great Opportunity for you as Real Travel international has brought this great opportunity of traveling abroad for a better life and have a good and well paid job.
    Do you wish to travel for schooling, tourism, for a job and also for any legitimate reason, Real Travels International has all the legitimate contacts overseas in other to get you a good job Abroad.
    Our organization (Real Travels International) will be in charged of all the expenses which includes your visa, flight ticket, accommodation, and we shall also secure and good and well paid job for all our candidates even before they will move from Nigeria, and within a period of few years you will have to pay us back for our expenses for taking you abroad after you have started working overseas.
    This is a great opportunity you shouldn’t miss out..
    NOTE: After you have gotten a your visa,flight ticket ,accommodation and a job, you will have to settle us for our expenses when you start working overseas.
    TERMS AND CONDITIONS APPLIED.
    Any interested persons should contact us on

    +2348134987821

  58. Oguzie Jude Ama

    September 13, 2017 at 12:40 pm

    Thank you Falana, for speaking out and condemning the tyrannical disposition of brute force!!

Leave a Reply

Your email address will not be published. Required fields are marked *