So, in 2015 APC through Hon. Gbajabiamila took Jonathan to Court...


March 23, 2015 Ben Ezeamalu

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.”

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

HT @Abulmahmud01

The highest number of hypocrites live in Nigeria and they are Buhari, APC and their supporters..

Even the police can still shoot a ballot snatcher. Dont try it in your own interest

How to become an APC supporter... make sure your brain is not working.

Na Waoooo

Does Buhari obey court orders? He only does when it favours him

I have always been wondering why they always qualify democracy as "constitutional democracy".
With Buhari on board,I now understand.
We are operating a democracy but it's not a constitutional one.It's a lawless or at best 'arbitrary' democracy we are operating because the law and court judgements are treated like trash

I can remember watching Fashola speaking on TV that time , saying soldiers are meant for the barracks and not the streets......
Buhari has no respect for the law, and it is a known fact that he has flouted different court orders, during his tenure......The interesting thing is people still support his act of stupidity.....
Those of u happy about the order, remember Nigeria military force , they always overdo ...wait until your innocent friend or family get shot !!!

Excellent Judgement !!!

Everything they spoke against while in opposition, they have done all and even worse now that they are in power.
That is how wicked and deceitful these people can be.

Apc have short memories

APC in trouble


Anyway to Die fast in Nigeria , TEXT SNATCH Ballot box to 41419

Seunmsg's favorite comment is "PDP did the same thing during their time".

[s]

bedspread:
Apc are not only Hypocritical but are a Group of Demonic, Devilish and Blood Thirsty People...

Don't Make The Same Mistake....

Send Buhari Home Before Buhari Sends you Home!

[/s]

Sai Baba buhari!!!!

[s]

Mystick:
Everything they spoke against when in opposition, they have done all and even worse now that they are in power.
That is how wicked and deceitful these people can be.

[/s]


Ok, but still Sai baba while you're at it

Apc is something else.

Trust BMCs they can justify anything bubu does wrong

allthingsgood:
[s][/s]


Ok, but still Sai baba while you're at it

If that stops you from saying things the way they are, then keep that to yourself. Not everyone is a mo.ron.

most buharideens do not care about right or wrong.

as long as they get their crumbs from the table of the tyrant, they are good.


same buhari admitted he used remote control for osun elections, the buharideens hailed him.

they seem to forget that it was this same buhari's insensitivity that led to the death of corp members in the aftermath of the 2011 general elections...

some policemen & soldiers have been giving the evil 4,4 sign, such security forces would not hesitate to shoot the opposition's supporters & label them ballot box snatchers.

LOUD IT...... BUHARI IS A DICTATOR AND A TYRANT....


WHAT A DULLARD......

Jonathan deploying soldiers during 2015 election was illegal buh buari deploying soldiers in 2019 election was legal.. Chai.. What a hypocritical govt we have in Nigeria

Seun Lalasticlala myndd4r please this thread should Make FP

Joshmodest:
I can remember watching Fashola speaking on TV that time , saying soldiers are meant for the barracks and not the streets......
Buhari has no respect for the law, and it is a known fact that he has flouted different court orders, during his tenure......The interesting thing is people still support his act of stupidity.....
Those of u happy about the order, remember Nigeria military force , they always overdo ...wait until your innocent friend or family get shot !!!

Fashola is even worse. Tinubu and Amaechi are agberos but Fashola fall my hands.

We never saw this coming otherwise. Apc is only good as an opposition party.
But come Saturday, we shall prove the mandate belongs to the people.

Enuf of hypocrisy in Nigeria.


In another thread, one fool was claiming pdp and Atiku are desperate. I will advice the guy to go back to 2015 and check how Apc device many tactics, propaganda, and bunch of lies to gain power. Now, same is playing on them they are shouting Desperation. Good for nothin set of hypocrites

Joshmodest:
I can remember watching Fashola speaking on TV that time , saying soldiers are meant for the barracks and not the streets......
Buhari has no respect for the law, and it is a known fact that he has flouted different court orders, during his tenure......The interesting thing is people still support his act of stupidity.....
Those of u happy about the order, remember Nigeria military force , they always overdo ...wait until your innocent friend or family get shot !!!

you know keeping and feeding a lion as a pet is not the problem. the real problem is when. the owner becomes a potential meal for its pet. let them continue.

Non of all these really matters. The winner has been decided by under aged voters.

APC are the biggest hypocrites ever liveth.
That dullard will feign ignorance to the whole thing.

Nonsense...

okay

The chicken has come home to roost!