In the last one year, the Nigerian Army has engaged in the massacre of 348 Shiites, scores of members of the Indigenous people of Biafra and other armed citizens in various parts of the country. Armed soldiers have also usurped the functions of the police to maintain law and order in the society. Civilians are now declared wanted by power drunk military officers. Even under the defunct military junta the courts never condoned the forceful seizure of the assets of citizens by armed troops.
In case of the military governor of Lagos state (1986) 4 NWLR (pt 18) 621 the Supreme Court held that: “In the area where the rule of law operates, the rule of self-help by force is abandoned. Nigeria being one of the countries in the world, even in the third world, which profess loudly to follow the rule of law, gives no room for the rule of self-help by force to operate.” Under the current political dispensation the apex court has cautioned the federal government to desist from engaging in any of self-help. That was in the case of Attorney-General of Lagos state v Attorney-General of the Federation (2005) 2 WRN 1 at 108 where it was held that:
“In a society where the rule of law prevails, self-help is not available to the Executive or any arm of government. In view of the fact that such a conduct could breed anarchy and totalitarianism, and since anarchy and totalitarianism are antithetical to democracy… all the governments of this country as well as organizations and individuals must kowtow to due process of the law and this they can vindicate by resorting to the courts for redress in the event of any grievance.”
Since the seizure and the illegal occupation of Mr. Azibaola’s property cannot be justified in law the Chief of Army Staff, General Tukur Buratai should order the immediate withdrawal of the armed troops and sanction the officers who have exposed the nation to ridicule in the circumstance. Having regard to the massive infringements of the fundamental rights of the Nigerian people by armed soldiers President Buhari should order the Army to stop interfering in the police duty of the maintaining law and order in the country.
