Court Stops Deployment of Soldiers for Election

Justice Ibrahim Buba of a High Court sitting in Lagos, yesterday, granted an order of perpetual injunction restraining President Goodluck Jonathan and the Service Chiefs from deploying soldiers for the forth-coming general elections.
Justice Buba held that they cannot deploy soldiers without the approval of the National Assembly.
A member of the House of Representatives, Hon. Femi Gbajabiamila, had approached the court to declare that deployment of soldiers for elections is unconstitutional.
Joined in the suit were President Jonathan, the Chief of Defence Staff, the Chief of Army Staff, the Chief of Air Staff, the Chief of the Naval Staff and the Attorney-General of the Federation.
The plaintiff said the Federal Government’s deployment of soldiers during the governorship elections in Anambra, Ekiti and Osun states ran contrary to the Constitution.
Justice Buba upheld the arguments by the plaintiff ’s counsel, Mr. Seni Adio, adding that even President Jonathan does not have the power to deploy soldiers at a whim.
In his ruling, Justice Buba said any election that is militarised through deployment of soldiers where there is no insurrection is “anti-democratic,” and not in consonance with constitutional democracy and civil rule.
The judge dismissed the defendants’ objections to the court’s jurisdiction and to the plaintiff ’s locus standi, saying Hon. Gbajabiamila had the legal right to demand an interpretation of the constitution by the court.
The judge disagreed with the defendants who said soldiers were only deployed to ensure peaceful elections, holding that the army was not needed for such civil duties.
Justice Buba said he was bound by the recent Court of Appeal decision which nullified soldiers’ deployment for elections, which he quoted extensively, adding that he was also persuaded by the judgment of Justice Mohammed Rilwan of the Federal High Court, Sokoto.