Thursday 14 September, 2017 // 04:00 pm

Operation Python Dance 11: Ala-Igbo Development Foundation Seeks Court's Order To Eject Soldiers From Southeast




ENUGU -  Ala-Igbo Development Foundation, a pan-Igbo socio-cultural organization based in Enugu, Nigeria, has filed proceedings in the FEDERAL HIGH COURT OF NIGERIA
In the ENUGU JUDICIAL DIVISION, HOLDEN AT ENUGU, on the 13th of September, 2017.

The defendants in the lawsuit are:

1. President Of The Federal Republic Of Nigeria
2. Nigeria Army
3. Chief Of Army Staff

The Plaintiff is:
The Incorporated Trustees Of
Ala-Igbo Development Foundation

The duly registered pan-Igbo socio-cultural organization based in Enugu, Nigeria and with branches in all the capital cities of the South Eastern states namely Abia, seeks an order at the said Federal High Court to force the first defendant to withdraw the second defendant from southeast and stop further deployments of the second defendant to the southeast region in an operation code-named Egwu Eke 11 (Operation Python Dance 11).

According to the affidavits made available to IPOB Writers, "the Plaintiff seeks the following reliefs before the honorable court:



1. A declaration that the action of the Defendants, especially the 1st Defendant, in calling out, operationally engaging or deploying the armed forces of the Federation to the south eastern part of the country is illegal, unconstitutional, null and void and of no effect whatsoever;



2. An order of the Honourable Court restraining the Defendants, especially the 1st Defendant, from deploying and or further deploying or operationally engaging the armed forces of the Federation of Nigeria to the South Eastern part of the country in furtherance of OPERATION EGWU EKE II (PYTHON DANCE II).



3. An Order of the Honourable Court compelling the Defendants, especially the 1st Defendant to recall forthwith all soldiers, men and officers of the armed forces of the Federation already deployed to the South Eastern part of the country in furtherance of OPERATION EGWU EKE II (PYTHON DANCE II).



4. And for such further or other order/s as the Honourable Court may deem fit to make in the circumstances of this case.


The Plaintiff stated that the "defendants on or about the 7th day of September, 2017 through one of their officers, major General David  D Ahmadu, Director of Training and Operations of the 2nd defendant invited members of the Nigerian press to a Press Briefing at the 2nd Defendant’s Headquarters in Abuja.

"At the briefing, the 2nd and 3rd defendants, under authority of the 1st Defendant, announced to the general public their preparations and readiness for the commencement of military operations code-named “EGWU EKE 11” (PYTHON DANCE 11).

"The military operation, according to the Defendants, is to be conducted in the Area of Responsibility of the 82 Division of the 2nd Defendant comprising Abia, Anambra, Ebonyi, Enugu and Imo states from Friday, 15th September to Saturday, 14th October, 2017", the plaintiff stated.

The Plaintiff alleged that the exercise, Egwu Eke 11(Operation Python Dance 11) was "conceptualized by the Defendants to transit into real time full blown military operations of a war scenario.

 "The defendants did this regardless of the fact there is no war situation or a state of emergency in any of the states which constitute the area of responsibility of the 82 Division of the Nigerian Army, to wit Abia, Anambra, Enugu and Imo States as the said States are in a state of peace, calm and tranquility save for regular common crimes and civil agitations as are common and usual in a normal human society and usually controlled by the Police Force."  

The Plaintiff wants the  Honorable Court to determine:

1. Whether having regard to the clear and unambiguous meaning of the provisions of Sections 217 and 218 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, it is illegal and unconstitutional for the defendants, particularly the first defendant, to call out, operationally engage, use and or deploy the Armed Forces of the Federation in circumstances not envisaged by the said Constitution.



2. Whether having regard to the clear and unambiguous meaning of the provisions of Sections 217 and 218 of the Constitution of the Federal Republic Nigeria, 1999, as amended, it is illegal and unconstitutional for the defendants, particularly the first defendant, to call out, operationally engage, use and or deploy the Armed Forces of the Federation, especially the 2nd defendant, to the South eastern part of the country comprising Abia, Anambra, Ebonyi, Enugu and Imo States in a military operation code-named “EXERCISE EGWU EKE II” (PYTHON DANCE II).

3. Whether the Defendants, particularly the 1st Defendant, can unilaterally make a proclamation calling out, operationally engaging, using and or deploying the armed forces of the Federation to the south eastern part of the country without recourse to the National Assembly as envisaged under Section 217 of the Constitution of the Federal Republic of Nigeria, 1999, as amended.



4. Whether there is a situation of external aggression, threat to territorial integrity or violation of the borders of Nigeria and or insurrection in the South eastern part of the country comprising Abia, Anambra, Ebonyi, Enugu and Imo States, as contemplated under Section 217 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, to warrant the deployment of the armed forces of the Federation, especially the 2nd Defendant, in a military operation code-named EGWU EKE II (PYTHON DANCE II).



See attached affidavits

https://1drv.ms/w/s!AqWGIeGYEc9qeidpzs8eafkznBs


Written By Mazie Edozie
IPOB Writers


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