The Nigerian army says it would
remain apolitical and its actions guided by the rules of engagement during the
general election.
President Muhammadu Buhari,
candidate of the All Progressives Congress (APC), had on Monday warned those
who might want to snatch ballot boxes would do so at the expense of their
lives.
The president said he rarely
gives the military and the police the power to be ruthless, and “anybody who
decides to snatch ballot boxes or lead thugs to disturb, it may be the last
unlawful action you will take.”
But in a telephone conversation on Tuesday, Sagir Musa, army spokesman, said the army’s
involvement starts and ends with provision of peaceful and secure environment
for the conduct of the elections.
“Our actions are guided by the
extant rules of engagement and code of conduct. The constitution of Nigeria is
the grundnorm guiding all our actions,” he said.
WHEN DOES THE RULES OF ENGAGEMENT
SET IN?
When the army is dealing with
crime or assisting the civil authorities like the Independent National
Electoral Commission (INEC) to restore law and order during a crisis situation,
it is under obligation to strictly observe relevant provisions of the laws.
These include legal procedures
for dealing with riots and unlawful assembly, powers of search and arrest, and
the use of force.
In the army’s guideline on the
use of force, there is no hard and fast rule to determine whether a particular
degree of force would be reasonable. The commander on the ground should decide
taking the prevailing circumstances into account. He and his troops are responsible
for their actions.
In principle, however, force may
be used provided it is necessary and reasonable in the circumstances, and in
the exercise of powers of arrest and quelling of disturbances.
When seeking the standing of the
police in this matter, Frank Mba, the spokesman, said he doesn’t speak for the
presidency.
“I am not a fit and proper person
to comment on that,” he said on the phone on Tuesday.
The electoral act (2010) prohibits
anyone from snatching electoral materials, and Section 129 subsection (4) of
the act only prescribes a maximum two years imprisonment for offenders.
Criticisms have continued to
trail the president’s comments, but Bola Tinubu, a national leader of the ruling
All Progressives Congress (APC) had argued that Buhari’s directive is not for
security agencies to shoot indiscriminately but aim at only those who disrupt
the electoral process.
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