BREAKING: Court bars use of soldiers in election

.Federal High Court sitting in Lagos, southwest Nigeria,

on Monday, restrained the President Goodluck Jonathan-

led Federal Government from deploying the military to

supervise the coming general elections.

The presiding Judge, Justice Ibrahim Buba, in his ruling,

declared that it is unconstitutional to deploy military for the

supervision of election without the approval of the National

Assembly.

Nigerian soldiers on patrol in Maiduguri

The ruling of the court, was sequel to a suit filed by Femi

Gbajabiamila, a member of the House of Representatives

representing Surulere Federal Constituency 2 under the platform

of All Progressives Congress, APC against President Goodluck

Jonathan, Chief of Defence Staff, Chief Of Army Staff, Chief of Air

Staff, Chief of Naval Staff and the Attorney General of the

Federation.

In his argument, Seni Adio, lawyer to the plaintiff, argued that

there was an allegation and evidence that the military inhibited

free movement, free access and intimidation of voters in of

Osun, Ekiti, and Anambra where the military were deployed

during the governorship elections in those states.

In addition, Adio argued further that it is not ideal to deploy the

military to supervise election in a democratic setting.

Consequently, considering what happened in Osun and Ekiti in

2014 and Anambra in November, 2013, he urges the court to

restrain the defendants from using the military in the coming

elections.

Mr. Dele Adeshina, SAN, opposed the application on the ground

that the President being the Commander-In-Chief of the Armed

Forces, is empowered under Armed Forces Act to deploy the

military to maintain law and order.

In his response, Adio said the Armed Forces Act is subordinate

to the Constitution of the Federal Republic of Nigeria.

Monday’s ruling tallies with that of the Federal High Court in

Sokoto, Northwest Nigeria, which had on Thursday, 29 January,

2015, outlawed the use of the military for election duty across

Nigeria.

The court ruled on the lingering controversy and declared the

use of soldiers as unconstitutional.

Justice Mohammed Rilwan Aikawa ruled that other than for the

purposes of protecting the nation’s territorial integrity, no

constitutional provision allows for the deployment of the

military for elections.

The suit challenging the deployment of military for election

duties was instituted by the Deputy Speaker of the House of

Assembly, Bello Goronyo, representing Goronyo Constituency in

Sokoto State.

Justice Rilwan added that for the Federal Government to do so,

it must have taken recourse to the National Assembly, which

would enact such law.

The presidential candidate of the opposition All Progressives

Congress, APC, General Muhammadu Buhari had early in

January warned President Goodluck Jonathan against further

deployment of soldiers to cities and towns during elections.

He said that the soldiers were meant to defend the territorial

integrity of the country and not for policing elections.

Whereas few military men have been deployed to tackle

insurgents in the north east, he said a large number were

deployed to monitor elections.

Also, in its February 16 letter, APC drew Jonathan’s and the

INEC’s attention to the January 29 judgment of Justice R.M.

Aikawa of the Federal High Court, Sokoto and the February 16

decision of the Court of Appeal, Abuja, which outlawed the

President’s unilateral deployment of soldiers for the June 21,

2014 Ekiti State governorship election. It urged them to obey

both decisions.

In the letter signed by the Director, Legal, APC Presidential

Campaign Council, Chukwuma-Machukwu Ume (SAN), the party

argued that by virtue of both decisions, it had become illegal

for the President and INEC to involve members of the armed

forces in electoral matters without the National Assembly’s

permission.

Justice Aikawa restrained the President and INEC “from

engaging the service of the Nigerian Armed Forces in the

security supervision of elections in any manner whatsoever in

any part of Nigeria, without an Act of the National Assembly.”

Justice Abdul Aboki , in his lead judgment in the Ekiti State

Governorship Election appeal delivered on February 16, held

that “even the President of Nigeria has no powers to call on the

Nigerian Armed Forces and to unleash them on peaceful

citizens, who are exercising their franchise to elect their

leaders.

“Whoever unleashed soldiers on Ekiti State disturbed the peace

of the election on June 21, 2014; acted in flagrant breach of the

Constitution and flouted the provisions of the Electoral Act,

which required an enabling environment by civil authorities in

the conduct of elections.”

Section 215 of the 1999 Constitution makes the maintenance of

internal security, including law and order during elections, the

exclusive responsibility of the police.

According to Lagos lawyer Mr Femi Falana (SAN), it is

erroneous for Prof Jega to say that only the military could

guarantee security during the elections.

To him, once INEC has discharged its constitutional duty of

fixing election dates, the onus is on the police to provide

security and maintain law and order.

Falana recalled that the courts have consistently enjoined the

Federal Government to desist from involving the armed forces in

elections.

He cited the leading judgment of the Court of Appeal in Yussuf

v Obasanjo (2005) 18 NWLR (PT 956) 96, which the court held:

“It is up to the police to protect our nascent democracy and not

the military, otherwise the democracy might be wittingly or

unwittingly militarized. This is not what the citizenry bargained

for in wrestling power from the military in 1999. Conscious step

or steps should be taken to civilianize the polity to ensure the

survival and sustenance of democracy.”

The court, Falana said, reiterated its views in the case of Buhari

v Obasanjo (2005) 1 WRN 1 at 200 when it stated: “In spite of

the non-tolerant nature and behavior of our political class in

this country, we should by all means try to keep armed

personnel of whatever status or nature from being part and

parcel of our election process. The civilian authorities should

be left to conduct and carry out fully the electoral processes at

all levels.”

Upholding the judgment, the Supreme Court stated in Buhari v

Obasanjo (2005) 50 WRN 1 at 313 that the state is obligated to

ensure that “citizens who are sovereign can exercise their

franchise freely, unmolested and undisturbed.”

Falana said going by the verdicts, Prof Jega should ensure that

INEC is not further blackmailed by the military hierarchy.

“On their own part, the National Security Adviser (NSA) and the

Service Chiefs should desist from usurping the constitutional

responsibility of the INEC and the Nigeria Police Force,” Falana

added.