In a statement on Sunday, Mr. Falana described the soldiers’ occupation of the premises of Kakarta Civil Engineering Limited, owned by Mr. Azibaola, former president Goodluck Jonathan’s cousin, as illegal.
“The troops who were reported to have driven away the workers in the premises have since seized the property without a court order,” said Mr. Falana, a Senior Advocate of Nigeria.
“Sequel to the illegal action of the army of occupation, the innocent workers in the company have been dispatched to the unemployment market.”
Armed soldiers, led by an unnamed General, last Saturday seized the property and barred all the workers from entering it, the lawyer said. The army is yet to issue an official statement for its action.
Mr. Azibaola is facing prosecution by the Economic and Financial Crimes Commission for the diversion of $40 million through One-Plus Holdings, a sister company of Kakarta Civil Engineering Limited, meant for securing oil pipelines contract. Mr. Azibaola had pleaded not guilty to the charge.
“The implication of the plea is that he is presumed innocent until the contrary is proved by the prosecution,” Mr. Falana said.
“Therefore, if the Nigerian military authorities had wanted to dispossess him of the property in question they ought have applied for a court order.
“But by taking over the property under the pretext that it constitutes a threat to a nearby military barracks the military authorities took the law into their hands.
“The forceful seizure of the property should not be tolerated in a civilized society which operates under the rule of law.”
“Even under the defunct military junta, the courts never condoned the forceful seizure of the assets of citizens by armed troops,” said Mr. Falana.
“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 maintaining law and order in the country.”