RE-POST: Deployment of Soldiers for Election Duties Remains Unconstitutional!---T.I Umoru ESQ

The  Court of Appeal has held in plethora of judicial decisions,that election processes are civil in nature and thus,should not be militarized in any manner or form. SEE :    Yussuf v Obasanjo(2005) 18 NWLR (Pt.956)96

Over the years we've had to contend with the deployment of the armed forces for election duties ,arguments and counter arguments  have also trailed the deployment of soldiers by successive governments.Similarly ,most legal practitioners however have suspiciously supported the idea of deployment of the armed forces for election duties despite plethora of judicial decisions in this regard,legal arguments   have also hinged  on Section 218 of the Constitution of the Federal Republic of Nigeria 1999 which provide thus;

         
        "The power of the President as Commander-in-chief
          of the Armed Forces of the federation shall include
         power to determine the OPERATIONAL USE of the armed
         forces of the federation. "

However though,the 1999 Constitution does not define and or interpret the term OPERATIONAL USE,legal practitioners have laid credence to the Armed Forces Act specifically Section 8(3) of the Act which defines the term above(operational use),to include deployment of the armed forces for the maintenance  of public order and safety.

   *Legal argument*

The above position is however misplaced!

The Constitution of the Federal Republic of Nigeria by virtue of Section 215(3) vest exclusively in the police the powers to maintain and secure public safety and public order in the country. The Armed forces act can not in anyway be superior to the grundnorm itself---- the constitution.

Section 218 of the 1999 constitution ought not to be read in isolation,as it must be mandatorily carried along with Section 217.

Section 217(2) of the1999 Constitution provides thus;

          "The Federation shall,subject to an Act of the National
            Assembly made in that behalf,equip and maintain the
            armed forces as may be considered adequate and effe-
           ctive for the purposes of,          

   (a) defending Nigeria from external aggression,
   (b) maintaining its territorial integrity and securing its borders from  violation on land,sea or air,
   (c)suppressing insurrection and acting in aid of civil authorities  to restore order when called upon to do so by the President,but subject to such conditions as may be prescribed by the Act of the National Assembly.

Let it be noted that the powers of the President with respect to the deployment of the Armed forces in the 2015 election polls was exercised whimsically without due regards to the National assembly(See Section 218 (4) Cfrn). In fact it not only amounted to a "brigandage"of  the Nigerian constitution ,it constituted an impeachable offence as such powers were exercised by the then  President(Good luck Jonathan), "head long!".

Further more, Legal jurist ,Itse Sagay,opined that "the provision  in Section 217(2)(C) i.e suppression of insurrection and assistance to civil authorities ,is only subject to the conditions as prescribed by the National Assembly."

  Similarly, the powers of any government to deploy troops to suppress an insurrection is exactly that; suppressing insurrection,is not in anyway tantamount to " deployment  for election duties" and therefore before the armed forces can be deployed for maintenance of law and order there must have been insurrection or civil disturbance which can not be ordinarily contained by the Police Force.

The Drafters of the Constitution never envisaged that the armed forces will usurp the powers of the Police with respect to the "preservation of law and order"  in any part of the country,any attempt to therefore deploy the armed forces for election processes  remains a gross wanton violation of the 1999 Constitution of the Federal Republic of Nigeria.

T.i UMORU ESQ LL.B (Hon),B.L

Property,Corporate Consultant,Human Right Advocate*