2015 POLL: COURT STOPS DEPLOYMENT OF SOLDIERS FOR ELECTIONS

Justice Ibrahim Buba of a Federal High Court sitting in Ikoyi, Lagos yesterday declared as unconstitutional, the deployment of soldiers for security and order for the 2015 general elections slated to commence this Saturday.

Delivering judgement in a suit instituted by a member of the House of Representatives, Femi Gbajabiamila, Justice Buba held that the deployment of soldiers for elections contravenes Section 217 (2) (c) of the Constitution and Section 1 of the Armed Forces Act.

It would be recalled that Gbajabiamila, who is the Minority Whip of the lower legislative chamber had prayed Justice Buba to issue a determination as to whether the deployment of soldiers for elections in Osun, Ekiti and Anambra States was constitutional.

The House of Representatives member specifically joined as
respondents to the suit; President of the Federal Republic of Nigeria, Chief of Defence Staff, Chief Of Army Staff, Chief of Air Staff , Chief of Naval Staff and the Attorney General of the Federation (AGF).

Prior to the judgement, counsel to the plaintiff, Seni Adio, had argued that there were allegations and evidences that the soldiers truncated free movement of the electorate, prevented free access to the polling booths and intimidated voters in  Osun, Ekiti and Anambra States, where they were deployed for election purposes.

The lawyer had equally argued that the Armed Forces Acts, relied upon by the respondents, was subordinate to the Constitution of the Federal Republic  of Nigeria.

Adio therefore asked the court to declare as unlawful, the deployment of soldiers for any election in the country.

But in opposition, lawyer to the respondents, Dele Adesina (SAN), posited that the President, being the Commander-in- Chief of the Armed Forces, was empowered under the Armed Forces Act to deploy military to maintain law and order.

It would be recalled that the Court of Appeal sitting in Abuja had on
February 16, 2015 issued a similar declaration, while delivering a ruling on the appeal initiated against the judgement
of the Ekiti State Governorship Election Petition Tribunal which declared Ayodele Fayose as winner.

The appellate court specifically relied on an earlier judgment delivered by Justice R. M. Aikawa of the Federal High Court in Sokoto ‎on January 29, 2015, stopping the use of the  armed forces in the conduct of elections.