Justice Ibrahim Buba of a Federal High Court sitting in Lagos has declared as unconstitutional, the planned deployment of the military for the general election.
Honourable Femi Gbajabiamila, a member at the House of Representatives on the ticket of All Progressives Congress (APC) had filed a suit to challenge the action of the Federal Government in deploying troops for the election.
Justice Ibrahim Buba, held that “It is unconstitutional for the Federal Government to deploy military for the supervision of election purposes without the approval of the National Assembly.”
Defendants in the suit were President 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.
Mr Femi Gbajabiamila’s lawyer, Seni Adio, told the court that the deployment of soldiers during previous elections held in Ondo, Anambra, Ekiti, and Osun were contrary to the Nigerian Constitution.
A Court of Appeal in Abuja had previously ruled against 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.
Buba, during his ruling, said that he was bound by the appellate court’s decision.
The Judge added that a careful research into all the Nigerian laws, as interpreted by the appellate court, would reveal that there was nowhere where it was stated that the President could deploy military for elections.
“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.”
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