The Nigerian Army is considering appealing an order of the Federal High Court, Lagos, which directed the suspension of its planned “Operation Positive Identification”, a report has revealed.
Justice Rilwan Aikawa had on Tuesday ordered the military service and Tukur Buratai, the Chief of Army Staff, to maintain status quo on the planned operation pending the determination of the substantive suit instituted by Femi Falana, a Senior Advocate of Nigeria (SAN) and human rights lawyer.
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Falana initiated legal action against the army and Buratai over the planned action via a suit, marked FHC/L/CS/1939/2019, on 25 October.
But a source in the army has said the authorities are mulling on appealing the order and might approach either the same court of the Court of Appeal to initiate action, the Punch reports.
According to the source, it would be inimical of the court to suspend an operation that considers the security of Nigerians.
“The Operation Positive Identification has started and nothing unusual or negative happened.
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“The Nigerian Army obeys the court. But if I take you to court and the court gives an interim injunction on me, there are two things. Ordinarily, for me, I can go back to the same court or another court to challenge that ruling or I abide by the order.
“If you take me to court based on any other reason, it is left for me to now accept your claims or challenge them. Whoever wants to hold a contrary opinion (about our operation) has the right, but what is good for the generality of the people cannot be suspended,” the source said.