The Nigerian Federal High Court has ruled that the Nigerian army lacks the power to declare citizens wanted.
In the ruling by Hon. Justice Ijeoma L. Ojukwu on the 4th of May 2020, it was declared that the Nigeran Army must report and resort to the application to the proper authorities, the police, to declare citizens wanted and the army like any other citizen, cannot by itself make such declarations which will amount to “self help.”
Dr Brimah writes: we invite you to publish this ruling to help bring to an end the tyrannical behavior of the Nigerian Army which amount to abuse of authority, oppression and frank terror against the citizens.
Ruling: Nigerian army has no right to declare citizens wanted.
The excerpt below as received from our lawyers:
Dear Dr. Brimah,
We are glad to inform you that we have finally secured the certified true copy of the judgment that was delivered on the 4th May, 2020 at the Federal High Court, Abuja by Hon. Justice Ijeoma L. Ojukwu. You will recall that the matter at the Federal High Court questioned the power of the Nigeria Army to declare you wanted.
The ratio of Her Lordship is as follows at pages 15 and 16;
“However, it must be stated here without equivocation that the defendant ( Nigeria Army) has no right to declare the Plaintiff (Dr. Perry Brimah) wanted without following the appropriate procedure. The Defendant ( Nigeria Army) cannot arrest the Plaintiff ( Dr. Brimah) arbitrarily without making a formal report to law enforcement agency with the mandate to enforce law and order, otherwise it would transmute to self-help. The duty of the defendant is to make a formal report to the appropriate authority like the police and await the outcome.“
And in conclusion at page 16, the Court held as follows;” It is hereby declared that: The Army of the Defendant has no vires to declare the plaintiff wanted without due process of law. This case fails in part and succeeds in part to the extent of the above declaration.”
It should be noted that we do not agree with the Judgment in certain areas such as the issue on the need for us to sue the newspapers against the Army and it would also appear that the court misconstrues the point on the publication by the Nigeria Army. This is more imperative in view of the fact that the Army did not even dispute the publication rather they justified it. It is therefore curious when the court seems to be defending them on this point.