A Federal High Court sitting in Lagos on Monday barred the President Goodluck Jonathan-led federal government from deploying soldiers to polling stations to supervise the March 28 and April 11 elections.
A member of the House of Representatives representing Surulere Federal Constituency 2 under the platform of All Progressives Congress, APC, Femi Gbajabiamila, had brought the suit against President Goodluck Jonathan, Chief of Defence Staff, Chief of Army Staff, Chief of Air Staff, Chief of Naval Staff and the Attorney General of the Federation asking the court to restrain the defendents from deploying the military for the forthcoming elections.
Lawyer to the plaintiff, Seni Adio, in his submission argued that there was an allegation and evidence that the military inhibited free movement, free access and intimidation of voters in of Osun, Ekiti, and Anambra where the military were deployed during the governorship elections in those states.
He maintained that it was not ideal to deploy the military to supervise election in a democratic setting. Consequently, considering what happened in Osun and Ekiti in 2014 and Anambra in November, 2013, he urges the court to restrain the defendants from using the military in the coming elections.
But Mr. Dele Adeshina, SAN, opposed the application on the ground that since the President is the Commander-In-Chief of the Armed Forces, he is empowered under Armed Forces Act to deploy the military to maintain law and order.
Adio dismissed his argument insisting that the Armed Forces Act is subordinate to the Constitution of the Federal Republic of Nigeria.
While ruling on the matter, the presiding Judge, Justice Ibrahim Buba declared that it was unconstitutional to deploy military for the supervision of election without the approval of the National Assembly.
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