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.

How President Jonathan’s Airport shuttles weaken Abuja security, endanger residents

On Saturday, March 21, President Goodluck
Jonathan and his campaign team flew out of
Abuja in two aircrafts for another round of
vote solicitation in Kano and neighbouring
Katsina ahead of the March 28 national
elections.
Four hours before the President left his
home at the Presidential villa that Saturday,
over 200 police officers and about a hundred
soldiers were withdrawn from their beats
around the nation’s capital and made to line
the about 40 kilometres route to the Nnamdi
Azikiwe International Airport, some standing
with their rifles on their shoulders, some
sitting on pavements, stones and bare
ground and others snoring away in patrol
cars.
The police wouldn’t say how many officers
are deployed daily to patrol and secure
Abuja, but residents believe the nation’s
capital is under-policed, with some saying
they have never seen a police officer patrol
their areas.
Yet, that Saturday, hundreds of officers, who
could have patrolled streets to check crimes
were mandated to line Mr. Jonathan’s route
for hours, a practice security experts believe
routinely compromises the capital’s security
and exposes residents to robbery,
abductions, rape, assaults and other criminal
acts.
A team of PREMIUM TIMES reporters, who
monitored the president’s airport shuttle
that Saturday, found that nearly all the patrol
vehicles attached to the city’s police
divisions and major intersections in the
capital were withdrawn and used in
transporting officers to locations along the
major expressway from the State House to
the presidential wing of the airport.
The team counted at least 40 police patrol
vehicles parked along the expressway from
the Bolingo Hotel junction up to the
Presidential wing entrance of the Airport.
Each vehicle had at least five well armed
police officers.
That was aside the numerous other police
officers stationed along the route, without
vehicles by their side.
The team’s conservative estimate suggested
that at least 200 police officers were
withdrawn from the city centre to guard the
expressway that day.
Presidency insiders say that practice is
routine, and that there is no plan to review
it.
Apart from the policemen, the reporters also
saw troops from the Guard Brigade in some
strategic locations along the route, especially
by the several suburb localities.
“We saw at least one armoured personnel
carrier with some soldiers near the
intersection leading to Kuje Area Council
before the Airport gate,” one reporter said.
Analysts believe it costs Nigeria several
millions  of naira whenever the President
shuttles to airports.
The numerous vehicles lining the
expressway and the ones on the president’s
convoy would have to be fueled, while the
police officers on guard duty along the route
are paid allowances,” a security official
familiar with the working of the presidential
villa told PREMIUM TIMES. “Presidential
movements are expensive and that is one
thing Nigerians must learn to live with.”
A resident of one pf the estates along the
Abuja Airport expressway, Emmanuel Ogala,
said the security official deployed to guard
the president’s routes at times molest
innocent civilians.
“The roads are closed for like 30 minutes
before the President passes, God help you if
you have an emergency and the president is
traveling,” he said.
Between the President’s travels and
compromised security
Governor Babatunde Fashola of Lagos
recently blamed the president when armed
robbers attacked residents of Lekki Peninsula
on March 12, killing six.
Mr. Fashola said police officers who would
have helped in repelling the bank robbery
were deployed to protect Mr. Jonathan when
he visited the state that day, an argument the
presidency described as unintelligent and
irresponsible.
“Perhaps what would be would have been,
but it’s sad to see all our security personnel,
all our security vehicles deployed to protect
one man,” said Mr. Fashola, who spoke at an
event, An Evening with Buhari and Osinbajo,
in Lagos.
“All the vehicles we bought for the police
were stationed to receive the President in
Lagos. Those policemen have children and
tonight their mothers will have to explain to
them why daddy is not coming home.”
The presidency however described Mr.
Fashola’s statement as “grossly and utterly
irresponsible.”
“We expect that a man of his status, who is
the Governor of a state should speak more
responsibly,” the presidency said in the
statement.
“It doesn’t make any sense whatsoever that
the entire police formation in a state would
be deployed to protect the president of
Nigeria.
“The visit of the President (to) any part of
the country does not necessitate the
depletion of the police force active in that
particular state or its environment.

South Africa Performs World’s First Successful Penis Transplant

The world’s first successful penis transplant was recently
performed at Tygerberg Hospital in Cape Town.
This pioneering operation restored the dignity of a 21-year-old
man who lost his penis when it developed gangrene after a
ritual circumcision, and it has probably also given him back the
ability to father his own children naturally – something doctors
hint he has been trying out for more than a month. “The patient
is very happy and he’s doing well,” says Prof André van der
Merwe, head of Stellenbosch University’s Division of Urology,
who led the surgery. In a marathon nine-hour operation,
doctors surgically transplanted the entire penis (from the glans
to the base) from an organ donor. The patient’s own penis had
to be amputated three years ago in order to save his life,
leaving him with a stump no longer than 1.5cm after which he
was unable to urinate standing up or have sexual intercourse.
The patient has made a full recovery from the transplant, which
took place three months ago. He is able to obtain erections,
urinate standing up and has regained sensation in the organ.
This is the second time that this type of procedure was
attempted, but the first time in history that a successful long-
term result was achieved.
“There is a greater need in South Africa for this type of
procedure than elsewhere in the world, as many young men
lose their penises every year due to complications from ritual
circumcision,” Van der Merwe told Health-e News.
“For a young man of 18 or 19 years the loss of penis can be
deeply traumatic… there are even reports of suicide among
these young men”
Although there are no formal record on the number of penile
amputations per year due to ritual circumcision, one study
reported up to 55 cases in the Eastern Cape alone, and experts
estimate as many as 250 amputations per year across the
country.
“This is a very serious situation. For a young man of 18 or 19
years the loss of penis can be deeply traumatic. He doesn’t
necessarily have the psychological capability to process this.
There are even reports of suicide among these young men,”
says Van der Merwe. The operation was part of a pilot study to
develop a penile transplant procedure that could be performed
in a typical South African hospital theatre setting.
“The research was conducted in partnership with local public
health structures and will be delivered to the people who need
it most,” says Dr Nicola Barsdorf, head of Health Research
Ethics at Stellenbosch University’s Faculty of Medicine and
Health Sciences (FMHS). “Once the surgery is made broadly
available it will be offered in state facilities and accessible to
vulnerable groups that are often unable to afford state-of-the-
art health care.”
Nine more patients will receive penile transplants as part of the
study. This procedure could eventually also be extended to men
who have lost their penises from cancer or as a last-resort
treatment for severe erectile dysfunction due to medication side
effects. The planning and preparation for the study started in
2010. After extensive research Van der Merwe and his surgical
team decided to use some parts of the model and techniques
developed for the first facial transplant. The surgeons
connected blood vessels and nerves as small as 1mm to 2mm
using microsurgery usually employed in plastic and
reconstructive surgery.
“South Africa remains at the forefront of medical progress,” says
Prof Jimmy Volmink, FMHS Dean. “This procedure is another
excellent example of how medical research, technical know-
how and patient-centred care can be combined in the quest to
relieve human suffering.

Nigeria claim 7th U20 title

A jaw-dropping moment of quality from Bernard Bulbwa settled
a fiercely-contested 2015 Africa U20 football championship final
between Nigeria and Senegal on Sunday as the Flying Eagles
claimed their 7th under-20 title with a 1-0 victory.
The hosts started the brighter of the two sides and almost got
the first goal on six minutes but Joshua Enaholo’s great
reflexes denied Malick Niang after a flowing Senegalese move.
Senegal were all over Nigeria in the opening moments of the
game and almost scored the opener in the 12th minute but
Enaholo was outstanding again, this time denying Niang a sure
goal with an unconventional stop with his feet from point blank
range.
Three minutes later, the hosts came close again through El
Malick Niang whose header just flew off target.
The home fans were bouncing in the stands as the Young
Teranga Lions looked to exact revenge on the Flying Eagles
following their 1-3 defeat to the Nigerians in the opening game
of the competition. On19 minutes, Bernard Bulbwa silenced the home support with
a goal worthy of winning any game.
The forward took a long pass with the outside of his right foot
before hitting an unstoppable volley beyond the reach of a
shell-shocked Senegalese goalkeeper.
The two sides traded excellent opportunities all throughout the
game but the Flying Eagles held out for a famous win.
Nigeria will now compete in Group E of the 2015 Fifa under-20
World Cup alongside Brazil, North Korea and Hungary.
The World Cup begins in New Zealand on May 30 and runs till
June 20.

INEC Card reader stolen in Zamfara

The Independent National Electoral
Commission in Zamfara, lost one card
reader during the training of ad-hoc staff in
Anka Local Government Area, an official has
confirmed.
The INEC Head of Voter Education and
Publicity in the state, Garba Galadima, who
confirmed the incident on Sunday in Gusau,
said security agents were investigating the
matter.
Also, the Police Public Relations Officer in
the state, Sunusi Amiru, said the police had
already arrested some suspects in
connection with the stolen machine.
He said investigation had also commenced
to unravel the circumstances behind the
missing machine.
Mr. Amiru expressed the command’s
readiness to ensure peaceful election in the
state, saying that “we will not tolerate any
threat to disrupt election process and we
have to ensure full protection of INEC
materials”.
He called on members of the public to
cooperate with security agents and the INEC
to ensure successful elections.
(NAN)

Source :- Premium Times