A rights activist, Chief Malcolm Omirhobo, has asked the Federal High Court, Abuja, to declare the deployment of the military in place of the police to maintain law and order as unconstitutional.
Omirhobo prayed the court to order the military’s withdrawal from the Southeast and Southsouth zones.
He prayed the court to stop the federal and state governments from deploying the Military to the Southwest, North-central, Northwest and the Northeast zones.
According to him, ending military “occupation” of the said zones and regions would free the indigenous peoples and the public therein “from exploitation, oppression, humiliation, embarrassment, fear, harassment, coercion and intimidation.”
In a January 8, 2018 fundamental rights suit filed on behalf of 373 ethnic nationalities and 45 pressure groups and agitators in Nigeria, Omirhobo asked the court for 22 reliefs.
Joined as respondents in the suit are the Federal Government, the President, Attorney-General of the Federation (AGF) National Assembly Senate President, Speaker of the House of Representatives, Inspector-General of Police (IGP), Service Chiefs and the Minister of Defence.
Others are the 36 state governments, Attorneys-General and Houses of Assembly.
Omirhobo urged the court to unban the Indigenous People of Biafra (IPOB) and declare it a non-terrorist group.
Furthermore, Omirhobo prayed for a declaration that the 1999 Constitution “is not a peoples Constitution” and was invalid as a social contract between the Federal Government and the indigenous peoples within Nigeria “on grounds of fraudulent misrepresentation, deceit and undue influence.”
In another instance, the lawyer urged the court to declare Nigeria as a failing state that requires the enactment of an “autochthonous” constitution created by Nigerians and approved “via a referendum to save Nigeria from disintegrating.”
He prayed for an order compelling the IGP to take charge of the enforcement and maintenance of law and order in Nigeria particularly the Southeast, Southsouth Zones and the Niger Delta region.
Omirhobo urged the court to compel the president “to train, equip and adequately fund the Nigeria Police to enable her perform her primary and statutory responsibilities” in the country.
He is also seeking a perpetual injunction restraining the respondents, “from exploiting, oppressing and discriminating against the Southeast, SouthSouth Zones and the Niger Delta Region.
The lawyer formulated 12 grounds upon which the reliefs were sought, including the “gross misrepresentation and distortion of the agitation of IPOB for the self-determination of the indigenous peoples within the Southeast.
According to him, the 1999 constitution “is an invalid social contract on the grounds of fraudulent misrepresentation, deceit and undue influence.”
No date has been fixed for hearing of the suit.