A Lagos-based lawyer, Malcolm Omirhobo, on Wednesday prayed a Lagos Division of the Federal High Court to halt operation ”Crocodile Smile 4” of the Nigerian military in the state.
The lawyer filed the suit marked FHC/L/CS/1951/2019 under the provisions of the Fundamental Rights Enforcement Procedure Rules 2009.
The applicant is suing for himself and on behalf of the Nigerian people living in Lagos State (Lagosians).
Also joined as respondents are the Chief of Army Staff, Attorney-General of Lagos State, and the Lagos State Commissioner of Police.
Mr Omirhobo is seeking a declaration that the use of Military Operation Crocodile Smile 4 from October 7 to December 23, in Lagos, at the instance of the respondents, to checkmate bandits, kidnappers, armed robbers, as well as other sundry crimes, is a violation of his fundamental rights and those of Lagosians.
He is also seeking a declaration that it is the statutory duty of the Nigeria Police Force to checkmate bandits, kidnappers, armed robbers, ethnic militia, cattle rustlers as well as other sundry crimes in Lagos State and not that of the Military.
In the suit, the plaintiff is seeking the court’s declaration that the deployment of military personnel to Lagos State, under the Operation Crocodile Smile 4 by the respondents, to perform the statutory duties of the police is a violation of the fundamental rights of the applicant and other Lagosians.
The plaintiff consequently wants an order for the enforcement of his fundamental rights and those of other Lagosians, including the Nigerian public living in Lagos.
He wants an order compelling the respondents to protect and respect his fundamental rights to life, the dignity of the human person, personal liberty, family and private life, freedom of expression, and peaceful assembly, as well as those of other Lagosians.
Mr Omirhobo further seeks an order stopping and outlawing forthwith Operation Crocodile Smile 4 as well as the positive identification which is scheduled to commence from November 1
He wants an order compelling and directing the Lagos State Commissioner of Police to take charge of the enforcement and maintenance of law and order in Lagos.
Besides, the plaintiff also wants an order of the court for a perpetual injunction restraining the respondents from using the Military to perform the duties and responsibilities of the Police in the enforcement and maintenance of law and order in Lagos State.
He also wants an order of perpetual injunction restraining the respondents, their servants, agents or privies from violating his fundamental rights and those of Lagosians.
No date has been fixed for hearing of the new suit