BEVERLY HILLS, February 18, (THEWILL) – As preparations for the postponed general elections continue nationwide, the All Progressives Congress Presidential Campaign Council (APCPCC) Wednesday asked the Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega, to obey the judgment of a Federal High Court in Sokoto which declared illegal the involvement of the Armed Forces in the conduct of future elections in the country.
APCPCC, in a letter dated February 16, called the attention of the INEC boss to the January 29 judgment by Justice R.M. Aikawa of the Federal High Court, Sokoto and the February 16 decision of the Court of Appeal, Abuja, which outlawed the President’s unilateral deployment of members of the Armed Forces for election purposes and urged them to obey both decisions.
Copies of the letter, which was signed by the Director, Legal, APC Presidential Campaign Council,Chukwuma-Machukwu Ume (SAN), were also sent to President Goodluck Jonathan, the National Security Adviser, Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff, Chief of Air Staff, the National Chairman of the APC and the National Chairman of the Peoples Democratic Party (PDP).
In the letter, APC argued that by virtue of both decisions, it has become illegal for the President and INEC to involve members of the armed forces in electoral matters without the permission of the National Assembly.
It would be recalled that Justice Aikawa, in his judgment on the suit marked: FHC/S/CS/29/2014 among others, restrained the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria and INEC “from engaging the service of the Nigerian armed forces in the security supervision of elections in any manner whatsoever in any part of Nigeria, without the an Act of the National Assembly.”
In the same vein, Justice Abdul Aboki , in his lead judgment in the Ekiti State Governorship Election appeal on February 16, held that “even the President of Nigeria has no powers to call on the Nigerian Armed Forces and to unleash them on peaceful citizens, who are exercising their franchise to elect their leaders.”
According to the judge, “Whoever unleashed soldiers on Ekiti State, disturbed the peace of the election on June 21, 2014; acted in flagrant breach of the Constitution and flouted the provisions of the Electoral Act, which required an enabling environment by civil authorities in the conduct of elections.”
The APC therefore said it was obvious that the deployment of Armed Forces in security supervision of elections and the imposition of such military personnel on INEC remained sources of worry and agitation in Nigeria.
“It is therefore imperative your good office and commission ensure henceforth, and until there is an enabling Act of the National Assembly, the court orders are obeyed and armed forces personnel are never again deployed in any form of security supervision of our elections,” the party said.
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