Dear Nairalanders;

Even if a recent judgment of a High Court in Sokoto barring the military (from being the parastatal of the executive arm of government to provide security during elections) was to be ignored by the executive, surely not the subject judgment of the Supreme Court of the land, since 2005, as cited in the following writeup?

Buhari to FG: Keep military out of elections

The APC Presidential Campaign Organization (APCPCO) has urged the federal government to obey the various decisions of the highest courts in the country, directing that the military and all armed personnel be kept out of the nation’s election processes.

A statement signed by the Director of Media and Publicity, Malam Garba Shehu, stated that the Supreme Court had in 2005 handed down a directive to the military, the government and the electoral commission to keep the armed forces out of elections.

“Following recent calls by our Presidential Candidate, General Muhammadu Buhari and the Chairman of our party, Chief Odigie Oyegun that the military be kept [out] of our elections, so that they can focus on the challenges posed by the insurgency, we wish to draw attention to critical decisions of the Court of Appeal and the Supreme Court directing that the military stay out of the election processes,” APCPCO said in a statement in Abuja yesterday.

Shehu recalled that a landmark case cited as “MD Yusuf Vs Obasanjo, 2005” in the Nigerian law reports, the Supreme Court of Nigeria ruled that: “it is up to the police to protect our nascent democracy and not the military otherwise the democracy might be wittingly or unwittingly militarized. This is not what the citizenry bargained for after wresting power from the military in 1999. Conscious step or steps should be taken to civilianize the polity and thereby ensure survival and sustenance of democracy.”

The APCPCO said that in the light of this, it was preposterous of the military to hold back the hand of the Independent National Electoral Commission (INEC) from going forth with elections scheduled for February 14 [now re-scheduled for March 28.]

“Their business of protecting the country’s territorial integrity and crushing the insurgency is understood and well-respected. The elections on the other hand are not in their preserve. Let them mind their own business and INEC, police and parties mind their own.

“In the light of the above, we urge all stakeholders to ensure the sanctity of the new dates of March 28th and April 11th, and help confine the military to their challenging assignments by keeping them out of the elections,” the statement added.

Source: http://dailytrust.com.ng/sunday/index.php/news/19611-buhari-to-fg-keep-military-out-of-elections

P34c3
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Ope the executives dnt oppress the rule of law itself..BTW separation of power is only in the books.

Mutuwa:
Ope the executives dnt oppress the rule of law itself..BTW separation of power is only in the books.

Sorry, could you please explain the first part of your statement? Just to aid my understanding of it. Thanks.

P34c3
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That judgement was interpreted to mean that soldiers should not be near the polling booth but that doesn't stop them from mounting their checkpoint on the road leading to the polling booth or outside the place

duwdu:


Sorry, could you please explain the first part of your statement? Just to aid my understanding of it. Thanks.

P34c3
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Ohk..I ment to say that I hope the executive does not disobey the rule of law with such contempt as to use the army during the polls so as to serve their own interests due to the facts that they know it will be difficult for them to come back if and only if the polls are free and fair.They have been fond of disobeying court rulings with no contempt charges against them.why..? Because they are the executives and control the other two arms of power.

The conditions are different now.

Mutuwa:


Ohk..I ment to say that I hope the executive does not disobey the rule of law with such contempt as to use the army during the polls so as to serve their own interests due to the facts that they know it will be difficult for them to come back if and only if the polls are free and fair.They have been fond of disobeying court rulings with no contempt charges against them.why..? Because they are the executives and control the other two arms of power.

OK, I now understand your statement and stand, and I do agree with you. Thanks for clarifying. Let's just hope reason prevails.

P34c3
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Orunto:
The conditions are different now.

Ehn-hehn... The law, according to the Supreme court - remains the law, no matter the layman's interpretation of the situation on the ground. A society where laws are not followed/respected, is a sure breeding ground and environment for anarchy.

Until that law of 2005 by the Supreme Court is reversed or superseded by another, that is what a decent and people-oriented government goes by.

Like I previously posted, let's just hope reason with decency prevails, particularly with regards to this matter of "We Nigerians, the people," electing our leaders.

P34c3
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Am surprised that even the advocates of credible polls are afraid of military deployment to elections.

But whichever Court may care to stop it, it is an interpretation of the Constitution but events may necessitate their deployment.

Did OBJ honour such judgement?

psucc:
Am surprised that even the advocates of credible polls are afraid of military deployment to elections.

But whichever Court may care to stop it, it is an interpretation of the Constitution but events may necessitate their deployment.

Did OBJ honour such judgement?

I think you need to read the part of the Supreme Court judgment quoted again - it does not bode well to militarize the populace. Besides, a deployment of the military does not equate to credible polls anywhere, it just portends the military being illegally used - and compromised - for duties outside of their constitutionally-defined roles. Besides, it takes them away from the places where their constitutional roles are most needed. Additionally, the military needs to allow the Police and other para-military forces to grow on their own job, which is to maintain law and other within the civilian populace.

And, come March 28, will the military abandon the insurgency-infested 17 or so local governments (out of the more than 774 in the country) in order to be able to demobilize, mobilize/disperse and mobilize again across the land just for two election days?

And, what has OBJ honoring or dishonoring such judgments have to do with the situation on the ground, or with anything, for that matter? Are you in support of perpetuating the culture of disobedience of court processes and orders?

P34c3
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Am sure you must be an indoor politician. If you think posting of the khaki men to election is bad, just pay a visit to INEC office at the local government headquarters and see things for yourself.

Hope after the experience, your thinking will change.