Femi Falana, human rights advocate, says soldiers are to be
confined to the barracks and put on alert during elections.
On Saturday, Nigerians will head to the polls to elect a new
president and members of the national assembly.
On February 16, Usman Baba, the inspector-general of police
(IGP), said a total of 404,106 security operatives will be mobilised for the
elections.
Baba said the security operatives include officers of the
Nigeria Police Force (NPF), Federal Road Service Corps (FRSC), Nigerian
Correctional Service (NCoS), National Drug Law Enforcement Agency (NDLEA),
Nigeria Security and Civil Defence Corps (NSCDC), and Economic and Financial
Crimes Commission (EFCC), armed forces, and Department of State Services (DSS).
Days ago, the Nigerian Army launched its operation Safe
Conduct for the elections, and also released a list of hotlines that Nigerians
can call to report suspicious activities during the polls.
Within the past 48 hours, videos showing armoured vehicles
belonging to the military driving along streets have surfaced on social media.
Reacting to the development in a legal opinion published on
Friday, Falana cited a previous court judgment on allowing the military to be
deployed during elections, adding that there are enough agencies to handle
security issues.
“Following the
investigation conducted by the army headquarters into the rigging of the 2014
Ekiti state governorship election, some military officers were indicted and
retired,” Falana said.
“And in the appeal arising from the election petition filed
by the APC, the Court of Appeal stated in All Progressives Congress v Peoples
Democratic Party (2015) LPELR 24349 that the president lacked the power to call
on the armed forces to restore law and order in any part of the federation
without the approval of the national assembly as provided in sections 217(2)
and 218(4) of the Constitution as amended.
“On the basis of the aforementioned cases, the APC requested
former Chairman of the Independent National Electoral Commission, Professor
Attahiru Jega, not to allow the Jonathan administration to deploy the armed
forces in conducting the 2015 General Election.
“The request of the APC was contained in a letter dated
February 16, 2015, and signed by the Director, Legal Services of the APC
Presidential Campaign Council, Mr. Chukwuma-Machukwu Ume (SAN).
“In view of the
foregoing, President Buhari should not allow the armed forces in the conduct of
the election. Instead of terrorising voters, armed soldiers should be confined
to their barracks and put on the alert.
“Since the Federal Government has restricted the movement of
people throughout the country, the police, anti-graft agencies and paramilitary
forces should be deployed by the Inspector-General of Police to maintain law
and order during the 2023 General Election.
“President Buhari should be reminded of the cautionary words
of the Court of Appeal in Yussuf v Obasanjo (supra) that ‘it is up to the
police to protect our nascent democracy and not the military, otherwise
democracy might be wittingly or unwittingly militarised. This is not what the
citizenry bargained for in wrestling power from the military in 1999’.”
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