The Constitutional Obligation of The Armed Forces to Safeguard Elections.

The Constitutional Obligation of the Armed Forces as per 1999 Constitution. - Olu Ojedokun

Yesterday, the INEC Chairman indicated that the elections will not hold as scheduled on the 14th and 28th of February 2014.  The ostensive reason provided was the inability of the military and security agencies to guarantee security for the elections.  In other words the armed forces and the security agencies are unable to fulfill their constitutional obligations of Section 217(1)(c) to the nation. The military and security apparatus have decided that obeying provisions of the constitution to provide a secure environ for these elections is something they consider non-feasible! ' 'Jega was quoted to have told the council that the commission was ready for the conduct of the election but the military chiefs were quoted to have said they could not guarantee the security of electoral officers, materials and the electorate should the commission go ahead with the earlier schedule.'  In the plain meaning of actions   or words, they appear to imply they will not receive operational directions from civilian led authorities in form of INEC contrary to Section 217(1)(c).  I suggest a dangerous precedent has been set here, one in which we may not recover from if not arrested.

So what are the options?  

• In a situation where the men in uniform are no longer able to guarantee security for a lawful process as General Elections as specified in the provisions below, then the question arises why they continue to adorn the uniform of the Armed Forces of the Federation of Nigeria?  They should relinquish their command, not hide behind a 4-year insurgency and allow others more capable and aware of the constitutional responsibilities to assume command.

• It is an act of cowardice for a Commander-in-Chief who is operationally responsible for the Armed Forces as detailed below to outsource it to the National Security Adviser. The President himself should have addressed this issue himself, in fact the nation, if he felt the military were unable to perform their constitutional mandate and then fired them with cause.  The principle of civilian led and directed military must be held sacrosanct and in this case it has been breached because of a deification of duty. 

• The National Assembly should be convened immediately to address and forestall any further constitutional breaches and investigate the role of the NSA and military chiefs in orchestrating what appears to be a subversion of military authority.

• Finally, it, the NSA and security forces' actions should be challenged in a court of competent jurisdiction.

I conclude by stating we are in a dangerous phrase here and we must forestall any attempt by this government and others to remain in office beyond the 29th May by any other means than through the ballot box... 

Here are the relevant provisions of the Constitution...

217. (1) There shall be an armed forces for the Federation which shall consist of an army, a navy, an Air Force and such other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

(2) The Federation shall, subject to an Act of the National Assembly made in that behalf, equip and maintain the armed forces as may be considered adequate and effective for the purpose of -

(a) defending Nigeria from external aggression;

(b) maintaining its territorial integrity and securing its borders from violation on land, sea, or air;

(c) suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly; and

(d) performance such other functions as may be prescribed by an Act of the National Assembly……….

218. (1) The powers of the President as the Commissioner-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the Federation.

(2) The powers conferred on the President by subsection (1) of this section shall include power to appoint the Chief of Defence staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

(3) The President may, by directions in writing and subject to such conditions as he think fit, delegate to any member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.