Falana who addressed the press under the aegis of Nigerians United for Democracy said all suggestions and considerations leading to the postponement of the election were illegal.
He warned therefore that if government decides to inaugurate an interim administration or causes any further shift of the election, it will be massively resisted.
According to him, the National Security Adviser and the Service Chiefs have no constitutional powers to advice or make input with regard to the conduct of the election.
He said the constitution under section 153 established the National Security Council (NSC) to be chaired by the president, adding that the body is the constitutionally recognised body to advice the president on security issues. “As far as we are concerned the postponement of the elections at the instance of service chiefs cannot be justified in law. It was a plot to undermine the democratic process and prevent Nigerians from exercising their rights of franchise.” Falana declared.
He said that there is no conviction that after fighting Boko Haram unsuccessfully for six years the authority will use six weeks to wipe out the group.
Falana said that under section 215 of the constitution, the police is the only authority empowered to conduct internal security while the armed forces under section 217 of the constitution has the responsibility to secure the territorial integrity of the nation.
“There is no place in the law where it is indicated that the armed forces should be used to conduct election,” he insisted, adding that if for any reason the president requires military intervention to maintain peace, he will forward a formal request to the parliament whose duty is to grant such request. Click to signup for FREE news updates, latest information and hottest gists everyday
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