Femi Falana, a noted Nigerian attorney, is speaking out about the army's month-long detention of three civilians. The gravamen of the case seems to be an alleged breach of contract. The Nigerian Army has no authority to detain civilians or to enforce civilian contract law.
“The three gentlemen are alleged to have been detained on the orders of a senior military officer over a breach of contract, a civil wrong. All requests for the release of the detainees from the illegal military custody have been ignored without any legal justification.
“Since the authorities of the Nigeria Army have no power whatsoever to arrest and detain citizens who are not subject to service law we are compelled to request the Chief of Army Staff to ensure the immediate and unconditional release of Messrs Odunayo Obisanya, Obafemi Philip and Solomon Oguntuga.
“However, if the military authorities refuse to accede to our request we shall not hesitate to institute an action at the Federal High Court for the enforcement of the fundamental right of the detainees to personal liberty.
"We shall also pray the court to award damages in their favour and order the trial of the military officers involved in the criminal act of inflicting mental, physical and psychological torture on them in contravention of the Anti Torture Act, 2017.”
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