Legal Action Seeks to Remove Military Checkpoints in Southeast Nigeria
A group of lawyers has initiated a Fundamental Rights Enforcement Case in the Enugu State High Court, demanding the removal of military checkpoints throughout Southeast Nigeria and seeking N500 billion in damages for alleged violations of constitutional rights. The suit was filed on June 17 by Mr. Chinedu Augustine Agbodike on behalf of the Southeast populace, with the Chief of Army Staff, the Nigerian Army, the Attorney General of the Federation, and the Federal Government of Nigeria named as respondents.
Claims of Rights Violations Amid Military Presence
The applicants, represented by attorneys Aloy Ejimakor and Patrick Agaji, are requesting various declarations and orders from the court concerning the ongoing deployment of military personnel on highways within Anambra, Enugu, Ebonyi, Imo, and Abia states. They assert that the indiscriminate establishment and operation of military checkpoints result in harassment, extortion, arbitrary arrests, illegal detentions, torture, and extrajudicial killings—activities they argue constitute serious violations of fundamental rights as outlined in both the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
Constitutionality of Military Engagements
The lawsuit further challenges what the applicants describe as the unconstitutional and unlawful deployment of military personnel for internal security duties, including roadblocks and checkpoint operations, without explicit constitutional authorization. They contend that such actions usurp police functions constitutionally delegated to the Nigeria Police Force, thereby infringing on human rights within the Southeast.
Accusations of Discriminatory Profiling
Additionally, the lawsuit highlights concerns regarding ethnic and other discriminatory profiling at military checkpoints. The applicants argue that such practices violate citizens’ constitutional rights and call for declarations against the profiling of individuals based on ethnicity, age, appearance, or perceived affiliations.
Remedies Sought to Address Human Rights Abuses
The legal team requests that the court issue an order for the immediate dismantlement and cessation of all military checkpoints along federal and state highways in the region unless justified by law and exceptional security circumstances. They are also asking for the establishment of an independent investigating mechanism aimed at holding military personnel accountable for abuses reported at checkpoints since 2018.
Calls for Accountability and Public Apology
In addition to damages, the lawsuit demands a formal public apology from the respondents to the citizens of Anambra, Enugu, Ebonyi, Imo, and Abia states, to be published in national newspapers and televised. The applicants are pursuing an injunction to prevent the establishment of future military checkpoints without appropriate legal authority.
Concerns Over Military Checkpoints and Community Impact
The legal action comes amid increasing concern over a heavy military presence along the major highways in the Southeast, with reports indicating that more than 200 checkpoints have been established, often just 10 kilometers apart. This military deployment is mainly intended to address security threats related to the Indigenous People of Biafra (IPOB). Various civil society organizations assert that these checkpoints facilitate rampant extortion, estimating financial losses to drivers and commuters at approximately N1.3 trillion annually.
As this situation continues to unfold, the hearing date for the lawsuit has not yet been scheduled.
