Service Chiefs, NSA Dragged to Court over Interference with Elections

A fresh court action has been instituted against the Service Chiefs and the National Security Adviser (NSA) at the federal high court, Abuja seeking an injunction stopping them from causing or further causing any alteration or postponement to the timetable of the 2015 general election as re-scheduled by the Independent National Electoral Commission (INEC).

A pro-democracy activist Mr Richard Akinnola who instituted the case also applied for an order of mandamus compelling INEC to conduct the re-scheduled elections on the appointed dates irrespective of the advice, position or opposition from the Service Chiefs and the NSA.

The plaintiff asked for an order of mandamus compelling the Inspector General of Police (IGP) to exclusively provide men and material for the protection and security of the men and materials of INEC before, during and after the general elections.

Defendants in the suit with No FHC/ABJ/CS/142/15 are INEC, Inspector General of Police, Chief of Army Staff, Chief of Air Staff, Chief of Naval Staff and the National Security Adviser (NSA).

In the case filed by his counsel, Mr Festus Keyamo, Akinnola prayed the court to bar the head of the security agencies from interfering with the March 28 and April 11 dates for the elections.

In an application seeking judicial review of the statutory duties of the Service Chiefs and INEC, the plaintiff is insisting that the court should declare that it is not within the power of the service chiefs to hold that the elections could only be conducted at their whims and caprices.

A 17-paragraph affidavit in support of the application deposed to by the plaintiff averred that INEC as the body statutorily and constitutionally charged with the responsibility of conducting elections into the various elective political offices in Nigeria published timetables for the conduct of the 2015 general elections.

He also averred that the electoral body fixed the presidential election for 14 February, 2015 while the Governorship elections were fixed 28 February, 2015.

That upon the release of the said timetable, political parties commenced preparations for the 2015 general elections by conducting their primary elections and nominating candidates for the various elective positions and that security agencies also commenced preparations for the general elections by conducting several training sessions for its staff among other things.

Plaintiff however, regretted that on February 7 after meeting with Service Chiefs, the INEC Chairman postponed the elections from the previously scheduled dates to other dates with Presidential election now for March 28 and Governorship April 11.

He further averred that the INEC Chairman gave the major reason behind the postponement of the elections to include the insistence of the Service Chiefs that they were not prepared for the elections and would not make men and materials available for the elections.

Plaintiff claimed that the action of the Service Chiefs had created fear in him as a voter and tax payer on the possibility of the conduct of the elections as the Service Chiefs have indicated the intention of holding the elections at their whims and caprices against the law of the country.