Nigerian Military and Policing the Nation: Operation Positive ID

In the past twenty four hours, the internet has been agog with the News of the planned Operation Positive Identification by the Nigerian Military.

Many questions are being asked by Nigerians who find this rather unusual. The most important question to ask in the first instance is, "what is the constitutional role of the Military in Nigeria?"

Chapter VI,  Part III OF the 1999 Constitution of the Federal Republic of Nigeria provides vide S. 217 for the creation and roles of the armed forces of the Federation among others. The relevant portions are reproduced below for ease of reference.

C - Armed Forces of the Federation.

217. (1) There shall be an armed forces for the Federation which shall consist of an army, a navy, an Air Force and such other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

(2) The Federation shall, subject to an Act of the National Assembly made in that behalf, equip and maintain the armed forces as may be considered adequate and effective for the purpose of -

(a) defending Nigeria from external aggression;

(b) maintaining its territorial integrity and securing its borders from violation on land, sea, or air;

(c) suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly; and

(d) performance such other functions as may be prescribed by an Act of the National Assembly.

The roles of the Military a.k.a. armed forces of Nigeria are therefore to
I. Defend Nigeria from external aggression;
II. Maintain Nigeria's territorial integrity and securing its boarders;
III. Suppressing insurrection  and acting in aid of civil authorities to restore order when called upon to do so by the President but subject to such conditions as may be prescribed by an Act of the National Assembly;
IV. Performance of such other functions as may be prescribed by an Act of the National Assembly.

Operation Positive Identification

As reported by Premium Times on Monday October 28, 2019, the Operation would have military personnel demanding means of identification from citizens and indeed anyone else on the spot. This means that every person moving around within the country must have a proper means of identification on his/her person failing which such a person may be regarded and/or treated as a criminal. It's worthy to note that similar measures have been in place in the terrorist ravaged parts of Northen Nigeria. Extending it to the entire country has left many questioning the motive behind the directive. Again the time of the year for the implementation of the Operation also raises a lot of questions in the mind of some citizens.

Are the citizens' fears unwarranted? 

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.reuters.com/article/us-nigeria-security-amnesty/nigerias-military-committed-war-crimes-crimes-against-humanity-amnesty-idUSKCN1IP00D&ved=2ahUKEwjvjvL8jb_lAhWyo4sKHVmzC10QFjABegQIDRAH&usg=AOvVaw2ya_6T5TA1PhmmwoOkf_z8

Reuters.com had reported in an article posted online in May 23, 2018 that Amnesty International, a human rights organisation had alleged that the Nigerian Military had in the cause of fighting terrorism, committed crimes against humanity including torture, rape and killing of civilians.

The purpose of extending the Operation Positive Identification  nationwide according to the Military is to checkmate bandits, kidnappers, armed robbers, ethnic militia, cattle hustlers as well as other sundry crimes in Nigeria. Confirmed and unconfirmed stories about of military brutality against civilians across Nigeria. Fela Anikolapo Kuti, of blessed memory even sang about it in his popular song, Sorrows, Tears and Blood. To the Military, the answer might be that the fears are unfounded but to the civilian and the street, it is real.

Does the Constitution however empower the Military to undertake such an operation? 

Yes, the Constitution empowers the Military to undertake such an operation. Section 217 (2)(c)(d) provides inter alia that the Federation may equip and maintain the armed forces for the purpose of suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President but subject to such conditions as may be prescribed by an Act of the National Assembly. The Military can also perform such other functions as may be prescribed by an Act of the National Assembly. 

From the preceding paragraph, it goes to say that there are conditions precedent to the performance of such duty by the Military which fall outside the protection if the territorial integrity of the Nation and defending the Nation from external aggression. These conditions are

I. They must be called upon to do so by the President, and
II. Subject to such conditions as may be prescribed by the National Assembly.

These two provisions of the Constitution ought to be fulfilled before the Military can undertake a nation-wide campaign such as the one under discussion. Even if we assume that the President and Commander-in-Chief has authorised the Military to undertake the Operation, is it not wise and in the best interest of the country that the National Assembly should prescribe conditions precedent to the implementation of such exercise?

Furthermore, granted that the exercise might have been successful in the North Eastern Part of Nigeria, how would they handle those "arrested" for not having a positive means of identification? Are facilities on ground with which to check the genuineness or otherwise of the presented means of identification? Does it mean that the government know for certain that the criminal elements in our society do not have positive means of identification?

We advise that the government thread with caution in its implementation of the order. Coming towards the Christian religious festival of Christmas with its attendant mass movement of people might cause undue hardship to innocent travellers. Coming at a time the Supreme Court is about to adjudicate on the Presidential Election appeal the directive might also be seen by some quarters as a means of suppressing the opposition.

Chike A. obi, ESQ