A Federal High Court in Abuja has ruled that the Nigerian Army lacks the power to arrest and detain anyone not subjected to the Armed Forces Act or any other military law.
Justice Taiwo Taiwo, on Wednesday, warned the military not to usurp the powers of the Nigerian Police under Sections 4 and 84 of the Police Act which empowers the police to detect and investigate crime.
The ruling of the court followed a fundamental rights enforcement application brought by one Grace Anita Paul against the Chief of Army Staff, Nigeria Army, Inspector General of Police and the Nigerian Police Force over the violation of her fundamental rights.
In the application by her counsel, Akpomieme M. Akpomieme Esq, Grace alleged that the men of the Nigerian Army invaded her residence on the 24th of October, 2019, arrested and detained her with other male detainees for two months without a court order.
She told the court that her mobile phone Tecno K7 was seized and searched by the army personnel.
She contended that the actions of the army violated sections 34 and 35 of the Nigerian Constitution, and Act 5 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act), 2004 CAP A10.
Also, in his ruling, Justice Taiwo dismissed the objection of the counsel to the army, A. Mohammed (SAN) and awarded the sum of N5m in damages against the army and ordered the release of the seized phone.
