The proposed invasion of our streets by the military personnel is quite laughable as it is an aberration in a democracy. First, the primary task of the army is to protect the territorial integrity of the country. If the members of the armed forces are not at the battlefields, they should be seen at the barracks. But, coming to the streets in large numbers to check citizens’ valid identification is totally out of place.
Legally, I think it is even not in line with the spirit of our law for military personnel to request from the citizens their identity cards. It would amount to a fundamental breach of the right to freedom of movement guaranteed under Section 41 of the 1999 Constitution. Methinks the invasion alone is a serious threat to the enjoyment of the right to movement and personal liberty. The constitution provides, in part, under Section 41(1) that, “Every citizen of Nigeria is entitled to move FREELY throughout Nigeria and to reside in any part thereof…” (Emphasis supplied). To move freely is to move without unjustifiable hindrance; to move without imminent fear of the Junta boys’ incursion.
If a citizen fails to provide an ID card, what happens? Oh! You guessed right. Arrest, torture and inhumane treatment. Or, what do you expect from a military man? What was he trained for? An average Nigerian with no ID card would gladly stay indoors throughout this period. That shows the length at which the obnoxious operation would deprive many Nigerians their right to freedom of movement. To be clear, possessing a “valid ID card” is not a precondition to exercise the right to freedom of movement under our law.
There is no legal basis for the military incursion of the streets, requesting ID cards and checking “proper dressing”. Failure to provide one or dress “properly” cannot lead to any offence in Nigeria. There is no legal obligation on the citizens to go about with ID cards when they are inside their own country. To be clear, it is neither a wrong nor crime in Nigeria to move without ID card or dress “improperly”. At least, there can be no crime without law – as provided under Section 36(12) of the 1999 Constitution. See also, the popular case of Aoko v. Fagbemi (1963) 1 All NLR 80 where it was held that one can only be tried for an offence contained in a written law and the punishment prescribed.
Funnily enough, this same Nigerian military which wants to occupy the streets to “deal” with citizens has found it so hard a task to easily defeat Boko Haram insurgents for a decade of asking. Let the military personnel go back to the Sambisa Forest, defeat Boko Haram, before contemplating an operation aimed at civilians. The military really has no business in enforcing law and order. That is for the police and other security agencies. Not the military.
With the level of illiteracy and joblessness in the land, how many Nigerians have ID cards? With the level of poverty, how many Nigerians are even concerned about possessing an ID card? A Nigerian who has yet to sort out his daily bread? A plastic ID card to prove my citizenship? What kind of country is this?
Again, the operation is aimed at checking “responsible dressing”. I ask: when did the government, through the military, turn into the watchdog of morality? What the citizens put on is not the concern of the government. Not even a government that has failed to provide shelter and adequate welfare for the people. So, what exactly is responsible or proper dressing? This is subjective. Even among the military personnel, the notion of “proper dressing” would raise controversies due to its subjectivity.
Here is the Nigerian Army beating the drum of war!
President Muhammadu Buhari, the Commander-in-Chief of the Armed Forces, must break his deafening silence on this matter. You will observe that the Federal Government has kept quiet on this matter ever since the news broke. It never affirms nor denies it. Unless the contrary is proved, that raises the presumption that the Federal Government is supporting the military. Buhari must halt this precarious path to anarchy.
The barracks cannot be allowed to rule the streets in a supposed democracy. If Buhari allows this to happen, it shows a vivid subversion of our democracy.
- Festus Ogun, Ago Iwoye, Ogun State
