Inside Nigeria
Nnamdi Kanu’s ‘House Arrest’ Is Illegal, Unconstitutional – 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.”
BiafraUnited
September 15, 2017 at 1:21 am
Thank you sir and God bless you.
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.
Bless Ada Mgbeobuna
September 13, 2017 at 8:04 pm
That is an invasion of privacy and it is punishable by law
Chinwenwa Okeke
September 13, 2017 at 7:42 pm
notin bt d trut
Yacub Salih
September 13, 2017 at 7:26 pm
Femi, I hate to say this to you…Gerrout!
I'tz SwizyBerry
September 13, 2017 at 7:19 pm
u ar a wise man
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.
Boniface Young
September 13, 2017 at 7:06 pm
Truth must be told and Biafra must come
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).
Linda Osuji
September 13, 2017 at 5:57 pm
Buhari and his useless soldier’s
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?
Christopher Ochini
September 13, 2017 at 3:55 pm
Correct
Harrison Ike
September 13, 2017 at 3:51 pm
Buhari show ur certificate illiterate.
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
Onwuanyi Chukwujekwu Celestine
September 13, 2017 at 3:07 pm
God bless you for saying the truth
Francisca Nwaneri
September 13, 2017 at 2:38 pm
God will help us in this country
Azubike Atanmo
September 13, 2017 at 2:33 pm
Let the people speak out
Daniel C Unakalamba
September 13, 2017 at 2:28 pm
Buhari is useless
Bashir Sani
September 13, 2017 at 2:28 pm
Don’t help the idiot
Yusuf H Auyo
September 13, 2017 at 2:07 pm
The expected action film has started
Atata Jazrinwwe
September 13, 2017 at 2:00 pm
Tell them
Geoffrey Udeagu
September 13, 2017 at 2:00 pm
Amidst all odds we still can see trueth full ones thank you
Emmanuel Iwuchuchukwu
September 13, 2017 at 1:54 pm
but Nigerian did not av constitution dat is y president will always do anyhow
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.
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
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.
Musa Hardman Kurawa
September 13, 2017 at 1:38 pm
Ok go and protect the house
Magnificent Jaunty
September 13, 2017 at 1:35 pm
More prominent Nigerians should speak up against this evil
Amaka Ezebunanwa
September 13, 2017 at 1:33 pm
Thanks God .for us to see one person who can say true
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
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.
Kingsley Amadikwa
September 13, 2017 at 1:29 pm
Thank you Mr Falana
Tunde Ladimeji
September 13, 2017 at 1:27 pm
Femi Falana is a bloody bastard!
Amaka Ezebunanwa
September 13, 2017 at 1:33 pm
B/c he said the true
Ijeoma Anaekwe
September 13, 2017 at 2:09 pm
Dirty pig
Sheddyb Okoro
September 13, 2017 at 2:40 pm
Cowardic bastard haters of truth
Daniel Nelson Dike
September 13, 2017 at 6:11 pm
Lost Animal, in form of human being, fool.
Monday Sylvanus
September 13, 2017 at 1:22 pm
Okay
Emmanuel George
September 13, 2017 at 1:21 pm
Looking packaged
Shehu Maldini Maldini
September 13, 2017 at 1:18 pm
He must arrest
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
Osas Maverick Osas
September 13, 2017 at 1:14 pm
Shut up
Joseph Chukwuocha
September 13, 2017 at 1:13 pm
Tell them
Ademola Adeniyi
September 13, 2017 at 1:12 pm
Mad man lawyer
Okwy F. Ugonweze
September 13, 2017 at 1:45 pm
Is that all you can say? Is that your point ?
Pathetic.
Victor Samson
September 13, 2017 at 1:56 pm
MMBAT EDET
Victor Samson
September 13, 2017 at 1:57 pm
Translate in Ibibio
Sheddyb Okoro
September 13, 2017 at 2:38 pm
Haters of truth, cowards in human form bastard
Victor Okon
September 13, 2017 at 1:11 pm
Tell them
Joshua Sunshine
September 13, 2017 at 1:00 pm
Ok
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
Emmanuel Bravo Nwakor
September 13, 2017 at 12:57 pm
The Zoo
Tobechukwu Adunigwe
September 13, 2017 at 12:57 pm
Say it loud now
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….
Ugobest Anulunkor
September 13, 2017 at 12:55 pm
Kingsley Chukwuezugo Okekearu did you hear him?
Okekearu Chukwuezugo Kingsley
September 13, 2017 at 12:57 pm
He is talking bunkum. The military has done no wrong. Let Falana adduce the law breached.
Chom Rollings
September 13, 2017 at 12:50 pm
Zoo will face d wrath of God soon.
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
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.
Chikodili Kingsley Nwamaradi
September 13, 2017 at 12:47 pm
Bastard zoo
Auta Jibreela Hayatu
September 13, 2017 at 12:47 pm
Nonsense
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.
Samson Kanayo
September 13, 2017 at 12:43 pm
Buhari need to go and start night school
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
Moukhtar Garba Yaro
September 13, 2017 at 12:41 pm
Nonsense
Christopher Uwem
September 13, 2017 at 12:40 pm
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Oguzie Jude Ama
September 13, 2017 at 12:40 pm
Thank you Falana, for speaking out and condemning the tyrannical disposition of brute force!!