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.”