So, in 2015 APC through Hon. Gbajabiamila took Jonathan to Court…
March 23, 2015 Ben Ezeamalu
President
Goodluck Jonathan lacks the power to deploy soldiers for the conduct of
election without the approval of the National Assembly, a federal court
ruled Monday.
Justice Ibrahim Buba of the Federal High Court
in Lagos held that the practice of deploying troops of the Nigerian
Armed Forces in the conduct of elections when there is no uprising is
“anti-democratic” and not in tandem with civil rule and constitutional
democracy.
“The armed forces have no role in elections,” the judge said.
“The
time has come for us to establish the culture of democratic rule in the
country and to start to do the right thing particularly when it has to
do with dealing with the electoral process which is one of the pillars
of democracy.
“In spite of the behaviour of the political class,
we should by all means try to keep armed personnel and military from
being a part and parcel of the electoral process.
“The state is
obligated to confine the military to their very demanding assignment,
especially in this time of insurgencies by keeping them out of
elections. The state is also obligated to ensure that citizens exercise
their franchise freely and unmolested.”
Femi Gbajabiamila
(APC, Lagos), a member of the House of Representatives, had filed the
suit before the court seeking a declaration that deployment of soldiers
during elections in illegal and unconstitutional.
Joined as
respondents in the suit were Mr. Jonathan; the Chief of Defence Staff;
the Chief of Army Staff; the Chief of Air Staff; the Chief of Naval
Staff; and the Attorney-General of the Federation.
The deployment
of soldiers during previous elections held in Ondo, Anambra, Ekiti, and
Osun were contrary to the Nigerian Constitution, Mr. Gbajabiamila’s
lawyer, Seni Adio, told the court.
The judge backed the lawyer’s arguments, noting that the president lacks the powers to deploy soldiers any time he wants.
Mr.
Buba dismissed the respondents’ arguments that Mr. Gbajabiamila did not
have the legal right to institute the suit and that the court lacked
jurisdiction to entertain the suit.
He also dismissed their
arguments that the soldiers are needed to ensure peaceful polls, noting
that the military was not needed for such civil duties.
Recently,
a Court of Appeal in Abuja barred the use of soldiers in the conduct of
elections, stating that it was a violation of Section 217(2)(c) of the
Constitution and Section 1 of the Armed Forces Act.
The
appellate court had relied on a judgment by a Federal High Court in
Sokoto last January also barring the use of armed forces in the conduct
of elections.
Mr. Buba said that he was bound by the appellate court’s decision and quoted copiously from its ruling.
The
judge said that the law does not make provision for the military to be
involved in civil activities, and if soldiers must vote, it must be in
their barracks.
He also said the appellate court directly
interpreted the Constitution when it held that Sections 215 and 217
jointly limit the president’s power to deploy soldiers to the
suppression of insurrection and to aid the police to restore order when
it has broken down.
“I am bound by the decision of the Court of
Appeal and equally persuaded by the decision of Federal High Court,
Sokoto, which also persuaded the Court of Appeal.
“It is in this
regard that the court will say that its duty in interpreting the
constitution has been simplified and made easy by the decisions I have
referred to extensively.”
Source:- Premiumtimesng
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