In his book, Democracy by Military Tank: The Untold Story of Imo 2011, Ethelbert Okere, aide to former Governor Ikedi Ohakim, asked: “What were soldiers and military tanks doing near polling booths in parts of Imo State on May 6, 2011, the day a so-called supplementary election was held in the state to determine the winner of the April 2011 governorship election?
“Under whose command were the soldiers unleashed on hapless citizens who were only out to exercise their democratic rights? What does that sordid incident portend for the survival of democracy in a country which is looked up to by the rest of Africa to lead in the quest for true democratic culture and practice on the continent?”
Nonetheless, the call for military deployment for this year’s general elections is gaining momentum. Supporters think it will be the best thing to happen to us on election day. I disagreee, given the hindsight of Okere’s book and the Constitution.
Conversations on radio and television show that the bulk of those angling for military deployment are politicians or supporters of politicians who want to die for politicians.
I have repeated severally in this column that Nigerians are very funny. The leaders and the led amuse with their thoughts when issues in which they have interest crop up, and you wonder who wants a Nigeria of our dream as we often mimic.
Democracy is about the people. That is why it comes with freedom of speech, movement, association, the rule of law, and a lot more. It is an aberration when factors in a military era are canvassed in a democracy.
Recently, I was taken aback hearing the Chairman of the National Human Rights Commission (NHRC), Chidi Odinkalu, make a case for the deployment of soldiers for the polls, citing a pre-election study he claimed showed that about 57 Nigerians were killed.
Odinkalu is not alone in the clamour. International affairs analyst, Femi Aribisala; Independent National Electoral Commission (INEC) Resident Electoral Commissioner (REC) in Ondo State, Olusegun Agbaje; and Peoples Democratic Party (PDP) Deputy National Chairman, Uche Secondus; also say there is nothing wrong in using the military for elections.
“Those against military deployment during elections have a hidden agenda,” said Secondus. Agbaje argued that “a higher number of people come out to vote when military personnel are used on election days because people feel a sense of security.”
Senators and the House of Representatives members are divided on the issue.
Senator Babafemi Ojudu (APC, Ekiti) disclosed on television recently that some of his retired military colleagues in the Senate do not support the use of the military when the police are there.
“The military are not to do that. What are the police for? The Constitution is clear. If I were in the Senate today, I will certainly vote against allowing the military,” Senator Olabiyi Durojaiye said.
Those calling for the deployment of troops should have the hindsight of the Constitution which defines the roles of the National Assembly (National Assembly), the military, and the police.
Section 217 (1) says:
(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 as may be established by an Act of the NASS.
(2) The Federation shall, subject to an Act of the NASS 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 NASS; and
(d) performance of such other functions as may be prescribed by an Act of the NASS.
Section 218 says:
(1) The powers of the President as the Commissioner-in-Chief of the Armed Forces shall include power to determine the operational use of the Armed Forces.
(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 other branches of the Armed Forces as may be established by an Act of the NASS.
(4) The NASS shall have power to make laws for the regulation of –
(a) the powers exercisable by the President as Commander-in-Chief of the Armed Forces; and
(b) the appointment, promotion and disciplinary control of members of the Armed Forces.
The Constitution refers to the police in Sections 214 (1) and (2a, b and c); 215 (1a and b), (2), (3), (4), (5); 216 (1) and (2). The provisions are perfected by the NASS in Section 4 of the Police Act.
The Act says: “The police shall be employed for the prevention and detection of crimes, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within and outside Nigeria as may be required of them by, or under the authority of this or any other Act.”
There is no ambiguity in the role of the military during or outside election period. And there is no ambiguity as to what the president should do if the military is engaged in assignments outside its traditional role.
The single most important variable that has destroyed the fabric of our political, social and economic development is the penchant to disregard the rule of law and the Constitution.
Civil society organisations which ought to kick against the call for military deployment are giving it fillip, as seen in the statement of Odinkalu.
Those who say the situation in the country demands we use the military for elections are being economical with the truth because acts of violence, like crime, will always be an inevitable aspect of societal existence. And our law is very clear on how to deal with the situation.
But, unfortunately, we violate the law with impunity forgetting that that alone is violence without the use of dangerous weapons.
On what basis should we deploy the military for elections when the president has not approached the NASS for approval, assuming we are in a state of war? Does the NASS no longer regulate the way the president exercises his power over the Armed Forces?
For how long shall we carry on with this military mentality without considering the colossal damage to the police and democracy?
The book, Policing a Democracy: A Survey Report on the Role and Functions of the Nigeria Police in a Post-Military Era, by Centre for Law Enforcement Education and the National Human Rights Commission makes the point that “in a democratic setting the police take the centre stage in the provision of security at all levels, including state and government houses.”
That is food for thought to the advocates of military deployment during elections.
The militarisation of the psyche of Nigerians did not end with the return to democracy. Instead, the era signaled another level in the act, and that is exactly where we are. I doubt if we are ready to resist it before it becomes too late.
By the way, why is the Inspector General of Police, Suleiman Abba, not speaking up on this intricate issue that borders on security and the Constitution?
