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Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana - Politics - Nairaland

Nairaland Forum › Nairaland General › Politics › Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana (1623 Views)

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Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by gidgiddy(op): 12:34pm On Mar 29, 2024
I have been wondering if the Nigerian Army had any constitutional power to declare people wanted, I'm no Lawyer. Here what respected SAN, Femi Falana said about that in a past interview:


“Thus, by declaring the three persons wanted without any legal authority the army has usurped the statutory powers of both the Police and the SSS,” said Mr. Falana, a Senior Advocate of Nigeria.

“Realizing that we are under a constitutional democracy which requires that the infringement of the rights of any citizen be justified in law, the army has relied on the provisions of the country’s anti terrorism legislation.


“Since the wanted persons are not serving military personnel who are subject to service law they cannot be investigated or tried under the Armed Forces Act Cap A20 LFN, 2004,” he said.

“Furthermore, under the Terrorism Prevention Act 2011 as amended the army has not been authorized to perform any duty whatsoever.”


“In the process it has breached the fundamental rights of the ‘suspects’ to personal liberty, dignity of the person and fair hearing guaranteed by the Constitution
https://www.premiumtimesng.com/news/top-news/209511-nigerian-army-lacks-power-declare-civilians-wanted-femi-falana.html

Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by McCoy662(m):
In Nigeria, anything that doesn't favour someone at the top is considered unconstitutional.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by Will205: 12:39pm On Mar 29, 2024
McCoy662:
In Nigeria, anything that doesn't fave someone at the top is considered unconstitutional.
As of recent times, yes

Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by Aboks(m): 12:45pm On Mar 29, 2024
Werey
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by LegendHero(m): 12:47pm On Mar 29, 2024
Femi Falana should go and sit down with nonsense constitutional right.

People who murdered our military men deserves no right constitutionally. How I wish the military can find them and shoot them on sight.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by Dreal1247: 12:48pm On Mar 29, 2024
Things happen that make one to wonder if we are lawless or we don't have constitution. Maybe it could be just show of rascality from the top. Let's not forget that the Law of Karma is still so much active.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by Dreal1247: 12:52pm On Mar 29, 2024
LegendHero:
Femi Falana should go and sit down with nonsense constitutional right.

People who murdered our military men deserves no right constitutionally. How I wish the military can find them and shoot them on sight.
Nobody supports the killing of soldiers. But for soldiers from Rivers state to cross Bayelsa state into Delta state for peace mission without the police from Delta state, there are questions that must be answered.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by aguluobi: 12:52pm On Mar 29, 2024
Very true those that slaughtered the army do they have the constitutional right to slaughter them ?!


gidgiddy:
I have been wondering if the Nigerian Army had any constitutional power to declare people wanted, I'm no Lawyer. Here what respected SAN, Femi Falana said about that in a past interview:


“Thus, by declaring the three persons wanted without any legal authority the army has usurped the statutory powers of both the Police and the SSS,” said Mr. Falana, a Senior Advocate of Nigeria.

“Realizing that we are under a constitutional democracy which requires that the infringement of the rights of any citizen be justified in law, the army has relied on the provisions of the country’s anti terrorism legislation.

“Since the wanted persons are not serving military personnel who are subject to service law they cannot be investigated or tried under the Armed Forces Act Cap A20 LFN, 2004,” he said.

“Furthermore, under the Terrorism Prevention Act 2011 as amended the army has not been authorized to perform any duty whatsoever.”


“In the process it has breached the fundamental rights of the ‘suspects’ to personal liberty, dignity of the person and fair hearing guaranteed by the Constitution



https://www.premiumtimesng.com/news/top-news/209511-nigerian-army-lacks-power-declare-civilians-wanted-femi-falana.html
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by troytino: 12:52pm On Mar 29, 2024
LegendHero:
Femi Falana should go and sit down with nonsense constitutional right.

People who murdered our military men deserves no right constitutionally. How I wish the military can find them and shoot them on sight.
See this things supporting APC, people with pathetic reasoning

Keep your emotions aside when next you re typing on issues like this
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by LegendHero(m): 12:53pm On Mar 29, 2024
Dreal1247:
Nobody supports the killing of soldiers. But for soldiers from Rivers state to cross Bayelsa state into Delta state for peace mission without the police from Delta state, there are questions that must be answered.
Go to the military headquarters and ask them the question.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by LegendHero(m): 12:54pm On Mar 29, 2024
troytino:
See this things supporting APC, people with pathetic reasoning

Keep your emotions aside when next you re typing on issues like this
I love being pathetic. I won’t rest until the military perish all terrorists in Nigeria. Whether in Delta, SE, or North.

All terrorists must perish even if they are Yoruba.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by troytino: 12:54pm On Mar 29, 2024
aguluobi:
Very true those that slaughtered the army do they have the constitutional right to slaughter them ?!
We have laws to guide in such times like this. You don't correct a wrong by doing another wrong.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by blacknp(m): 12:55pm On Mar 29, 2024
troytino:
See this things supporting APC, people with pathetic reasoning

Keep your emotions aside when next you re typing on issues like this
Charcoal pot, calling electric kettle black.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by blacknp(m): 12:55pm On Mar 29, 2024
troytino:
We have laws to guide in such times like this. You don't correct a wrong by doing another wrong.
Quote the laws if no be hypocrisy dey worry you Labor party enemies of the Federal Republic of Nigeria?
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by chiagozien(m): 12:56pm On Mar 29, 2024
In the zoo called Nigeria anything goes.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by troytino: 12:56pm On Mar 29, 2024
LegendHero:
I love being pathetic. I won’t rest until the military perish all terrorists in Nigeria. Whether in Delta, SE, or North.

All terrorists must perish even if they are Yoruba.
What you think is inconsequential. We have laws and they must be followed to the latter.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by blacknp(m): 12:57pm On Mar 29, 2024
chiagozien:
In the zoo called Nigeria anything goes.
Who fault say dey born you Nigeria?
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by troytino:
blacknp:
Quote the laws if no be hypocrisy dey worry you Labor party enemies of the Federal Republic of Nigeria?
You are not a 3ombie for nothing, I understand
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by blacknp(m): 12:58pm On Mar 29, 2024
troytino:
You are not an 3ombie for nothing, I understand
Don’t change the narrative you enemy of The Federal Republic of Nigeria, quote the laws you presumed.

Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by chiagozien(m): 12:58pm On Mar 29, 2024
LegendHero:
Femi Falana should go and sit down with nonsense constitutional right.

People who murdered our military men deserves no right constitutionally. How I wish the military can find them and shoot them on sight.
The soldiers that killed innocent people in retaliation for Criminals killing them deserve to be single out and shoot at heart.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by socialmediaman: 12:58pm On Mar 29, 2024
LegendHero:
Femi Falana should go and sit down with nonsense constitutional right.

People who murdered our military men deserves no right constitutionally. How I wish the military can find them and shoot them on sight.
The army is meant to defend the country from foreign and domestic threats, not prosecute crime against its officers

This is the job of the police. Perhaps if the person you voted for do their job, the police can function better
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by troytino: 12:59pm On Mar 29, 2024
blacknp:
Don’t change the narrative you enemy of The Federal Republic of Nigeria, quote the laws you presumed.
As an APC 3ombie, You don't earn 30k per month from them nothing. Go and do the research. I won't lecture you for free
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by chiagozien(m): 12:59pm On Mar 29, 2024
LegendHero:
Go to the military headquarters and ask them the question.
You want him to go and be killed because you know your Nigeria soldiers behave like terrorists.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by blacknp(m): 1:00pm On Mar 29, 2024
troytino:
You don't earn 30k per month for nothing. Go and do the research. I won't lecture you for free
$30k
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by blacknp(m): 1:02pm On Mar 29, 2024
chiagozien:
You want him to go and be killed because you know your Nigeria soldiers behave like terrorists.
After all his bragging, No wonder Mazi Nnamdi Kanu fled when they paid him a visit?

E no wan die.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by chiagozien(m): 1:02pm On Mar 29, 2024
troytino:
Last time responding to you. I hate APC clówns with passion, as they reason below animals
I don't reply those things, especially the one you mentioned.


He keeps mentioning me but I just dey ignore
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by LegendHero(m): 1:04pm On Mar 29, 2024
troytino:
What you think is inconsequential. We have laws and they must be followed to the latter.
The only law that need to be followed is for the military to make sure all terrorists PERISH!!!
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by blacknp(m): 1:05pm On Mar 29, 2024
chiagozien:
I don't reply those things, especially the one you mentioned.


He keeps mentioning me but I just dey ignore
How inferior minded person wan reply to intellectuality way pass am?
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by LegendHero(m): 1:07pm On Mar 29, 2024
socialmediaman:
The army is meant to defend the country from foreign and domestic threats, not prosecute crime against its officers

This is the job of the police. Perhaps if the person you voted for do their job, the police can function better
Which police? The one that have been overstretched.

So Boko Haram and terrorists beheading soldiers are not domestic threats?

You guys are not even praising this set of army, if it was during OBJ period, they won’t need to be pasting “Wanted” posters about. They would have neutralized them all at once.
Re: Throwback: The Army Has No Constitutional Right To Declare People Wanted- Falana by gidgiddy(op): 1:08pm On Mar 29, 2024
Dreal1247:
Things happen that make one to wonder if we are lawless or we don't have constitution. Maybe it could be just show of rascality from the top. Let's not forget that the Law of Karma is still so much active.
And only the law courts determines who slaughtered the Army, if not, the Army can even declare you wanted and say you slaughtered them
1 2 Reply

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