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The Dance of the Python: How Legal is it?


By
E. S. O. Ogholaja,
Delta State

The Nigerian legal airspace is once again disturbed by the activities of the executive arm of government. About a week ago, the Nigerian military acting on orders from ABOVE stormed Abia state in the eastern part of the country, in a bid to cleanse the state from the agitations for the sovereign state of Biafra anchored by IPOB (indigenous people of Biafra) under the leadership of Mazi Nnamdi Kanu. The military code named the cleansing as " operation Python dance 11 (Egwu Eke 11). In furtherance of the operation, innocent citizens were injured or killed by the kaki boys.

We are of the humble view that the " egwu eke 11" is not only illegal but also a stentorian breach of the 1999 Constitution of Nigeria as amended. Our view is fortified by these following reasons:

Firstly, the military is not saddled with such duty by our constitution.
Section 215(3) of the 1999 constitution provide that : "the president or such other minister of the government of the federation as he may authorize in that behalf may give to the inspector- General of police such lawful directions with respect to the maintenance and securing of PUBLIC SAFETY and PUBLIC ORDER as he may consider necessary, and the inspector general of police shall comply with those directions or cause them to be complied with".

The above mentioned section is clear and unambiguous, in the case of Alhaji Karimu Adisa v. Emmanuel Oyinwola and  ors, (2000)Lpelr Sc. 304/ 1991, the court held that literal meaning should be resorted to where the words of the law is clear, positive and unambiguous, similar decision was held in Ifezue v. Mbadugha ( 1984) lpelr - Sc 68/ 1982. Hence where public order is threatened by a group ( IPOB in this case), the police and only the police is the proper body saddled with the constitutional duty of bringing stability to the affected area. In order words, the resort to the use of military in this case is a mockery of the constitution of Nigeria. 

People from the other side, have argued that the operation Python dance is legal and they relied on section 217(2) (c) of the presents1999 constitution the section state that: Suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the president, but subject to such conditions as may be prescribed by an Act of the National Assembly.

This section will be broken into two limbs for ease of appraisal:
1. suppressing insurrection
2. acting in aid of civil authorities to restore order when called upon.

2017 Merriam Webster, inc dictionary defined insurrection as: a usually violent attempt to take over control of a government.  The Biafra agitations have been peaceful, there is no record of killing or destruction of property (we stand to be corrected if we are in error), there is also no attempt to take over control of the Nigerian government, hence we humbly submit that the IPOB activities can not to be said to be activities of insurrection. 

Furthermore, from the records, no civil authorities was asked to maintain public order in the East before resort was made to the military. From the above analysis, we humbly submit that the executive arm of government is in a gross breach of Section 217(2)(c) of the 1999 constitution, hence operation Python dance is illegal. In Yussuf v. Obasanjo (2005) 18 NWLR (pt 956), the court of appeal confirmed the powers of the police to maintain and protect our democracy and not the military.

Our view also has it fons et origo in the fact that an application has been made to the Federal High court to re- arrest Mr Kanu for allegedly breaching the conditions attached to bail term. Why then will the executive resort to self help? the answer is simple, the present executive government of Nigeria is known for it elaborate abuse of court orders. In Military Governor of Lagos state v. Odumegwu Ojukwu & anor (1986) Lpelp- Sc 241/ 1985, the court frowned against executive lawlessness. 

In conclusion, having appraised the facts surrounding the operation Python dance and having linked the facts to the law, we frown at the flagrant abuse of the law by the executive arm of the government of Nigeria.

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