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The planned deployment of the military for the forthcoming general election has been declared as unconstitutional by a Federal High Court in Lagos. The All Progressives Congress (APC) had opposed idea, describing the use of soldiers during election as undemocratic.
Femi Gbajabiamila, an APC member at the federal house of representatives, subsequently filed a suit to challenge the action, naming President Goodluck Jonathan, the chief of defence staff, chief of army staff, chief of air staff, chief of naval staff and the attorney-general of the federation.
The presiding judge, Ibrahim Buba,on Monday, ruled that the Federal Government could not deploy soldiers to polling booths without securing the approval of the national assembly. Seni Adio, counsel to the plaintiff, argued that soldiers deployed to Osun, Ekiti, and Anambra state governorship elections impeded the movement of people and intimidated voters, and therefore implored the court to strip the defendants of the rights to use soldiers this time. But Dele Adeshina (SAN), counsel to the defendants, opposed, saying the president, as commander-in-chief of the armed forces, is empowered under the armed forces act to deploy the military to maintain law and order.
The court ruled that the president could not deploy soldiers to the polling booths, saying his power bothered on protection of the country’s territorial integrity.
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