Justice Ibrahim Buba of the Federal High Court sitting in Lagos on
Monday declared as unconstitutional the plan by the federal
government to deploy the military for the forthcoming general
elections.
According to the judge, the 1999 Constitution of the Federal Republic of Nigeria (as amended) does not assign any role to the military during election.
Justice Buba therefore restrained the federal government from deploying soldiers for the conduct of the forthcoming general elections.
The judge gave this verdict while delivering judgment in a suit filed by a member of the House of Representatives, Hon. Femi Gbajabiamila against President Goodluck Jonathan and 5 others.
Though the court recognised the constitutional powers of the President to deploy and determined the operational duties of the military, it, however, held that such powers must be exercised within the confines of the law.
The judge also pointed out that before the military can be assigned a role outside it constitutional duty of maintaining the territorial integrity of Nigeria, the National Assembly must give its approval.
He held, “it is unconstitutional to deploy military for the supervision of election purposes without the approval of the National Assembly”.
Counsel to Gbajabiamila, Seni Adio had submitted that there were allegations and pieces evidence that the military inhibit free movement, free access and intimidated voters in states of Osun, Ekiti and Anambra where they were deployed for election purposes.
The counsel also insisted that it is not ideal to deploy military for the supervision of election in a democratic setting.
Adio further argued that Armed Forces Acts, is subordinate to the Constitution of the Federal Republic of Nigeria.
He consequently urged the court to restrain the defendants from using military in the forth-coming elections.
However, in his own submissions, defendants’ lawyer, Dele Adesina (SAN), argued that the President, being the Commander-in- Chief of the Armed Forces is empowered under the Armed Forces Acts to deploy military to maintain law and order.
Other defendants in the suit are: the Chief of Defence Staff, Chief Of Army Staff, Chief of Air Staff , Chief of Naval Staff and the Attorney General of the Federation.
In your opinion, do you think that the President has the power to deploy military personnel to the polling booths?
I personally have searched in vain such power in the Electoral Act as well as the Constitution. The Electoral Act says it is the responsibility of the Commissioner of Police to deploy personnel to the polling stations to ensure security. More so, Section 218 of the Constitution is devoid of such provision as regards elections in the country
According to the judge, the 1999 Constitution of the Federal Republic of Nigeria (as amended) does not assign any role to the military during election.
Justice Buba therefore restrained the federal government from deploying soldiers for the conduct of the forthcoming general elections.
The judge gave this verdict while delivering judgment in a suit filed by a member of the House of Representatives, Hon. Femi Gbajabiamila against President Goodluck Jonathan and 5 others.
Though the court recognised the constitutional powers of the President to deploy and determined the operational duties of the military, it, however, held that such powers must be exercised within the confines of the law.
The judge also pointed out that before the military can be assigned a role outside it constitutional duty of maintaining the territorial integrity of Nigeria, the National Assembly must give its approval.
He held, “it is unconstitutional to deploy military for the supervision of election purposes without the approval of the National Assembly”.
Counsel to Gbajabiamila, Seni Adio had submitted that there were allegations and pieces evidence that the military inhibit free movement, free access and intimidated voters in states of Osun, Ekiti and Anambra where they were deployed for election purposes.
The counsel also insisted that it is not ideal to deploy military for the supervision of election in a democratic setting.
Adio further argued that Armed Forces Acts, is subordinate to the Constitution of the Federal Republic of Nigeria.
He consequently urged the court to restrain the defendants from using military in the forth-coming elections.
However, in his own submissions, defendants’ lawyer, Dele Adesina (SAN), argued that the President, being the Commander-in- Chief of the Armed Forces is empowered under the Armed Forces Acts to deploy military to maintain law and order.
Other defendants in the suit are: the Chief of Defence Staff, Chief Of Army Staff, Chief of Air Staff , Chief of Naval Staff and the Attorney General of the Federation.
In your opinion, do you think that the President has the power to deploy military personnel to the polling booths?
I personally have searched in vain such power in the Electoral Act as well as the Constitution. The Electoral Act says it is the responsibility of the Commissioner of Police to deploy personnel to the polling stations to ensure security. More so, Section 218 of the Constitution is devoid of such provision as regards elections in the country
What's your opinion??? Is the Commander-in-Chief of the Armed Forces acting ultra vires his constitutional powers???
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