Military and our democracy

Assurances by the military that it is set to defend democracy is suspect

Trying times. These two words best describe the situation with the Nigerian Armed Forces today. The ruling by a Justice Abdul Aboki-led panel of Appeal Court Justices that Mr. Ayodele Fayose’s election was marred by intimidation and harassment by soldiers let  loose by the military authorities has called to question the self-assigned roles that men who bear arms to defend the state now perform in civil matters.

While ruling on the contention by the All Progressives Congress (APC) that the military presence at the polling units and the streets on the Ekiti governorship election poll date made the exercise unfair and thus lacking in credibility, Justice Aboki said: “The question is that who ordered deployment of military or soldiers in the Ekiti governorship election? Was there any act of insurrection to warrant the call on the military to restore order? And was such deployment in accordance with sections 217 (2)(c) and 218(4) of the constitution?

“There is nothing before us in the records in answering the posers positively.

“With this, whoever unleashed soldiers on Ekiti State disturbed the peace of the election on 21st June 2014, acted in flagrant breach of the Constitution, and flouted the provisions of the Electoral Act which required enabling environment by civil authorities in the conduct of elections.”

We agree with him. And, it remains to be said that, in such circumstances, it cannot be determined who would have won if the polling was free and fair. It could not have been easily determined how the deployment could have affected turnout, especially with the hostile disposition of the security forces to the APC before Election Day. It is gratifying that the APC has decided to challenge the finding of the courts below at the Supreme Court.

The Appeal Court ruling is instructive against the background of the military’s current overbearing posture in the democratic space. While announcing the postponement of the elections earlier fixed for February 14 and 28, Chairman of the Independent National Electoral Commission (INEC), Prof Attahiru Jega, had hinged it on a military diktat that the safety of the polling officials could not be guaranteed. The service chiefs had unanimously claimed that they would be in no position to deploy troops for the civic exercise if it was held any time before the new date. It amounts to overruling INEC that has the constitutional responsibility of organising elections. It is to be noted that, while the military has the duty of warding off external aggression and fighting the country’s enemy, the police have the duty of protecting the citizens and only using minimal force in combating electoral crimes.

It is even more ludicrous that the military, through the Director of Defence Information, Major-Gen. Chris Olukolade, found it necessary to issue a statement pledging a superfluous commitment to defending democracy. In normal times, this should be taken for granted. It is not a favour being done the polity, but a primary responsibility.

However, the vaguely disguised motive for the statement was betrayed as the military spokesman said: “The Armed Forces of Nigeria is quite conscious of the fact that apart from its primary constitutional role of defending the country from external aggression and internal insurrection, it also has the responsibility of providing support in aid of civil authority such as the need to provide complementary security arrangement to protect our electoral process.”

In view of the ruling of the Appeal Court on wrongful deployment of troops for electoral purpose, the position of General Olukolade appears a contradiction of its pledge to uphold the Constitution. What the two-star General said in that statement is a disregard of the law of the land and he must be told in clear terms that an insubordinate Armed Forces is an anathema in a democracy.

It is unfortunate that the President and Commander-in-Chief of the Armed Forces, Dr. Goodluck Jonathan, sees nothing wrong in the flagrant disregard for the law, sensibilities and mood of the nation that sending soldiers to usurp the functions of the police would amount to. We call on the President to speak out and let the nation know his mind on this. As the law states, even to put out insurrection in the land or any part thereof, the President would require the approval of the National Assembly to deploy troops. Elections are not wars. Polling is no excuse to militarise the country and turn weapons purchased at great costs to combat insurgents showing surprising strength in 14 local government areas against innocent people who are merely engaged in performing their civic obligation.