Obey Court Ruling Against Use Of Military For Elections, APC Writes INEC

The All Progressives Congress has written President Goodluck Jonathan and the Chairman of the Independent National Electoral Commission, Prof. Attahiru Jega, to ensure that the judgment barring the involvement of soldiers in elections is complied with in the forthcoming polls.

The letter dated February 16, 2015 was addressed to Jega, but was copied to President Jonathan, the National Security Adviser, the Chief of Defence Staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and the National Chairmen of the APC and the Peoples Democratic Party.

The Director, Legal, the APC Presidential Campaign Council, Chukwuma-Machukwu Ume (SAN), who authored the letter on behalf of the party, said with the recent court decision, Armed Forces personnel should not be deployed to provide security during elections.

The party was referring to a judgment delivered on January 29, 2015 by Justice R.M. Aikawa of the Federal High Court, Sokoto and another by the Court of Appeal, Abuja, on February 16, 2015.

The APC in its letter, in which it profusely quoted parts of the court judgments, said it acknowledged the INEC’s “frustrations at the illegal imposition of armed forces personnel into a purely civil election process.”

The party’s letter read in part, “I am sure all well-meaning Nigerians share your deep-seated concern on the militarisation of our elections.

“It is therefore imperative your good office and commission ensure henceforth, and until there is an enabling Act of the National Assembly, the court orders are obeyed and armed forces personnel are never again deployed in any form of security supervision of our elections.”

Justice Aikawa of the Federal High Court in his judgment on the suit marked: FHC/S/CS/29/2014, among others, restrained the President and the Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria 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 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.”