The Peoples Democratic Party (PDP), has charged President Muhammadu Buhari, the All Progressives Congress (APC), the Independent National Electoral Commission (INEC), Nigeria Army, the Attorney General of the Federation (AGF) and the Nigeria Police to court over the President Muhammadu Buhari’s order to the military to deal ruthlessly with ballot boxes snatchers.
Buhari had during the APC caucus meeting in Abuja last Monday said, “ Anybody who decides to snatch ballot boxes or lead thugs to disturb it (elections), maybe that would be the last unlawful action he would take. I have directed the police and the military to be ruthless”.
Dissatisfied with the President’s directive, the main opposition party has filed a case with suit number, FHC/ABJ/C5/255/2019 before federal high court, Abuja, praying the court to declare the directive as unlawful, null and void and of no legal effect.
Others joined in the suit include: National Assembly, Nigerian Navy, Nigerian and the Air force.
The PDP prayed the court that, “The 1st Defendant (President federal republic of Nigeria) lacks the powers to deploy troops of the armed forces of the Federal Republic of Nigeria comprised to participate In the 2019 general elections without the prior express approval of the 2 Defendant (National Assembly) and that any such deployment In the absence of the 2 Defendant’s (National Assembly) approval ls Illegal, ultra vires and unconstitutional.
It also seeks declaration that, “The Nigerian Army, Nigerian Navy and Nigerian Air force defendants are not under any obligation to enforce, implement and/or in Army way give effect to President Federal Republic of Nigeria directive of 18th February, 2019 to be ruthless deal summarily with alleged election offenders during the 2019 general elections even at the expense of human lives.
“That security agencies have a duty to disregard and disobey the unlawful and Illegal directives of the 1st Defendant (President) given on 18th February 2019 for them to be ruthless and deal summarily with alleged election offenders during the 2019 general elections at the expense of their lives.
The PDP is seeking an order of perpetual injunction restraining the security agencies from enforcing, Implementing and/or In any way giving effect to the president’s directives to them to be ruthlessly and deal summarily with alleged election offenders even at the expense of human lives, during the 2019 general elections.
It also demanded for “An order of perpetual Injunction restraining the president from deploying the Nigerian Army, Navy and Air force, including its officers and men, to participate in the 2019 general elections without prior express approval of the National Assembly.
“An order of perpetual injunction restraining the Army, Navy and Air force, including its officers and men, from participating and/or playing any role whatsoever in the 2019 general elections without the prior approval or authorisation of the National Assembly.
“An order of perpetual injunction restraining INEC and the President particularly, and all the Defendants jointly and severally, from Involving, collaborating or In any way working with the Nigerian Army, Navy and Air force, including its officers and men, In the conduct of the 2019 general elections without the prior express approval of the President and National Assembly.
The PDP is also seeking , “Order directing the 8th Defendant (Nigeria Police) to discharge its statutory duties during the 2019 general elections an strict compliance with the rule of law and respect for fundamental human rights of Citizens.
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