The recent revelation by President Muhammadu Buhari that he had given the security agencies an order to deal ruthlessly with ballot box snatchers has been greeted with mixed reactions, with police caught in the crossfire.
During the caucus meeting of the ruling All Progressive Congress (APC), Monday February 18, after the postponement of the elections, the visibly unhappy Buhari warned anyone who intends to snatch ballot boxes could pay the ultimate price of death as he (Buhari) had ordered the security agents to kill ballot box snatchers.
“I am going to warn anybody who thinks he has enough influence in his locality to lead a body of thugs, snatch ballot boxes or to disturb the voting system, he will do it at the expense of his own life,” Buhari fumed.
“We have directed the military and other security agents to be ruthless.
“Anybody who decides to snatch ballot boxes or leads thugs to disturb the process, maybe that will be the last unlawful action you will take,” Buhari said.
During its executive meeting, the main opposition party’s presidential candidate, Atiku Abubakar, called on the army not to obey the order given by Buhari. Atiku charged the army to read the constitution and other relevant materials as the army has no duty to perform during the electoral process.
“Go back and read the constitution, army act and other relevant materials, you have no role whatsoever to play during the elections’, Atiku charged.
In reaction to Atiku’s call, Tukur Buratai, chief of Army Staff, dismissed the call and insisted that the army will obey Buhari’s order as the constituted authority.
“One of our core values is loyalty to constituted authority. It is unfortunate to hear persons who are aspiring to rule this country are inciting the army to disobedience,” Buratai said.
To show his total commitment to the President’s orders, the army chief warns his men who are either in doubt or not ready to obey the order to resign.
“Should any officer or soldier have doubts as to his loyalty to the Nigerian state as presently constituted, such a person has up to 22 February 2019 to resign. There is no room for indiscipline or disobedience to lawful orders in the army today,” Buratai warmed.
Responding to Buhari’s comment, the Independent National Electoral Commission (INEC) chairman, Mahmood Yakubu said the commission will go with the provisions of the Electoral Act which stipulates procedures and sanctions to electoral offenders’
“The position of the commission is that all violators of the Electoral Act should be punished according to the provisions of the Electoral Act,” Yakubu said.
In the midst of all these, the police, who have the constitutional mandate and responsibility of protecting lives, properties and electoral materials during the election has not responded.
According to the electoral process, the presiding officer of a station is recognised as the chief security officer of his station. He/she is empowered to oversee the general security of the station. The security personnel are answerable to the presiding officer.
Only him/her can request for the arrest of anyone deemed to be going against the electoral law. This means, even if security personnel are present, the presiding officer acts as their ‘commanding officer’.
The existing electoral law on the deployment of police nullifies any other law and makes INEC so responsible for the management of police during the polls.
According to section 29 (3) of the Electoral Act 2010 (as amended, 2015), “Notwithstanding the provisions of any other law and for purposes of securing the vote, the Commission shall be responsible for requesting for the deployment of relevant security personnel necessary for elections or registration of voters and shall assign them in a manner to be determined by the Commission in consultation with the relevant security agencies.”
The army has already made their position known. INEC too is committed to follow the provisions of the electoral act. As Nigerians go to the polls tomorrow, it remains unclear if the Nigerian Police will submit to the directives of INEC and INEC officials at the polling stations.
MAURICE OGU
