Jonathan lacks powers to deploy troops for elections – Court

[img]http://media.premiumtimesng.com/wp-content/files/2014/07/500x349xSoldiers.jpg.pagespeed.ic.zh6i6bS8v8.webp[/img]

President Goodluck Jonathan lacks the power to deploy soldiers for the conduct of election without the approval of the National Assembly, a federal court ruled Monday.
Justice Ibrahim Buba of the Federal High Court in Lagos held that the practice of deploying troops of the Nigerian Armed Forces in the conduct of elections when there is no uprising is “anti-democratic” and not in tandem with civil rule and constitutional democracy.
“The armed forces have no role in elections,” the judge said.
“The time has come for us to establish the culture of democratic rule in the country and to start to do the right thing particularly when it has to do with dealing with the electoral process which is one of the pillars of democracy.
“In spite of the behaviour of the political class, we should by all means try to keep armed personnel and military from being a part and parcel of the electoral process.
“The state is obligated to confine the military to their very demanding assignment, especially in this time of insurgencies by keeping them out of elections. The state is also obligated to ensure that citizens exercise their franchise freely and unmolested.”
Femi Gbajabiamila (APC, Lagos), a member of the House of Representatives, had filed the suit before the court seeking a declaration that deployment of soldiers during elections in illegal and unconstitutional.
Joined as respondents in the suit were Mr. Jonathan; the Chief of Defence Staff; the Chief of Army Staff; the Chief of Air Staff; the Chief of Naval Staff; and the Attorney-General of the Federation.
The deployment of soldiers during previous elections held in Ondo, Anambra, Ekiti, and Osun were contrary to the Nigerian Constitution, Mr. Gbajabiamila’s lawyer, Seni Adio, told the court.
The judge backed the lawyer’s arguments, noting that the president lacks the powers to deploy soldiers any time he wants.
Mr. Buba dismissed the respondents’ arguments that Mr. Gbajabiamila did not have the legal right to institute the suit and that the court lacked jurisdiction to entertain the suit.
He also dismissed their arguments that the soldiers are needed to ensure peaceful polls, noting that the military was not needed for such civil duties.
Recently, a Court of Appeal in Abuja barred the use of soldiers in the conduct of elections, stating that it was a violation of Section 217(2)(c) of the Constitution and Section 1 of the Armed Forces Act.
The appellate court had relied on a judgment by a Federal High Court in Sokoto last January also barring the use of armed forces in the conduct of elections.
Mr. Buba said that he was bound by the appellate court’s decision and quoted copiously from its ruling.
The judge said that the law does not make provision for the military to be involved in civil activities, and if soldiers must vote, it must be in their barracks.
He also said the appellate court directly interpreted the Constitution when it held that Sections 215 and 217 jointly limit the president’s power to deploy soldiers to the suppression of insurrection and to aid the police to restore order when it has broken down.
“I am bound by the decision of the Court of Appeal and equally persuaded by the decision of Federal High Court, Sokoto, which also persuaded the Court of Appeal.
“It is in this regard that the court will say that its duty in interpreting the constitution has been simplified and made easy by the decisions I have referred to extensively.”

http://www.premiumtimesng.com/news/headlines/178977-update-jonathan-lacks-powers-to-deploy-troops-for-elections-court.html

Soldiers re nided to maintain law and order!

The commander in chief of the Nigerian Army remains Dr Jonathan, the constitution allows him to use the army as he deems fit.

Rawani:
Let see if David Mark can also tell the military to take a bow and go . 85% of Jonathan's rigging plans have just been blown to smithereens, however this is a double-edged sword because this will make the PDP feel like a cornered rat - the panic and desperation can lead them to do anything to scuttle this elections, lets hope and pray for a bloodless CHANGE come Saturday.


Nigeria Sai Buhari.

Court or no court the polls must be militarised

Rawani:


Tell that to the courts! He knew he was commander-in-chief yet he was blaming Buhari for tying his hands in the fight against BH? Clueless!

Its not within the purview of any court to tell the president when and how to use the military to safeguard the citizens.

The military has already been deployed. If the judge won do frog jump, make him go try commot them

[size=20pt]President Obama Endorses President Jonathan
[/size]

https://www.youtube.com/watch?v=VBY1H6o5d1E

[size=20pt]Listen to the message by President Obama, Even Mr Obama recognises the progress that has been made under president jonathan in Economy, security, democracy etc and is urging Nigerians to vote for continuity to consolidate the gains that has been made so far.

GEJ carry go.[/size]

[quote author=Rawani post=31941168]

Tell that to the courts! He knew he was commander-in-chief yet he blames Buhari for tying his hands in the fight against BH? Clueless!

Meanwhile the BBC has just released GEJ's most clueless and un-presidential interview in the history of history -


https://www.youtube.com/watch?v=PZFy2JmXoEA

Anyone who is undecided will surely decide after seeing this video.




Just watched d video cant even see anything wrong with Mr presidents response or is there another part I m missing

[size=20pt]President Obama Endorses President Jonathan
[/size]

https://www.youtube.com/watch?v=VBY1H6o5d1E

[size=20pt]Listen to the message by President Obama, Even Mr Obama recognises the progress that has been made under president jonathan in Economy, security, democracy etc and is urging Nigerians to vote for continuity to consolidate the gains that has been made so far.

GEJ carry go.[/size]

the MOST SUCCESSFUL PRESIDENTS are YOUNG AND AGILE!

General Buhari supporters: are you REALLY planning to set a 72 year old ELDER into Aso Villa?

DO YOU KNOW the ages of other SUCCESSFUL presidents currently around the world? Will you REALLY elect a BABA that is almost TWICE the age of the UK Prime Minister, David Cameron?

General Muhammadu Buhari is RETIRED! He has COMPLETED the agile and youthful days of his life! NOW is the time for him to rest and spend extra time ASKING ALLAH for forgiveness for all the sins he committed as a military tyrant!

LET HIM stop this repetitive mad race to rule #Nigeria once again! If he REALLY wants to hear the name "Buhari" in Aso Villa, then he can ask one of his sons to run in 2019!

From 2015 to 2019, there is NO VACANCY! PRESIDENT GOODLUCK JONATHAN WILL CONTINUE!

good now i get to enjoy this weekend. kano ,kaduna & other flashpoints will have troops stationed there.

OREMUSSANCTUS:
Soldiers re nided to maintain law and order!

You heard the High Court Judge:

“I am bound by the decision of the Court of Appeal and equally persuaded by the decision of Federal High Court, Sokoto, which also persuaded the Court of Appeal.

“It is in this regard that the court will say that its duty in interpreting the constitution has been simplified and made easy by the decisions I have referred to extensively.”

What exactly do you find unacceptable about the judgement?

all I have come to say is



#SaiBaba

The constitutional rights of a CinC to deploy, direct and mobilise any segment of the coercive instruments of the state in order to bring peace while safeguarding lives and property are well enshrined in the contitution. With the available intitutions providing a presidency with needed information to take informed positions under any situation, it will be better for judges with ulterior motives to stay clear from this very all important aspect of a presidential power. If there is some kind of mayhem, and we have a total break down of law and order on election day, are these APC judges trying to say that the president should stay arms akimbo while the country goes up in flames?? The constitution is very clear here. Jonathan is the commander in cheif! The bucks stops on his table!! We don't need some clumsy judges with some weird judgements to re-write the law mid way in order to skew the electoral result to a particular end by allowing Area boys and them Area fathers a field day to rig and maim.