Unic Press UK: The Nigerian President Muhammadu Buhari has issued an order to the police and the military to be “ruthless” in dealing with people who engage in election malpractice.
Speaking Monday during an emergency meeting of the ruling party All Progressives Congress (APC) where they discussed the Nigeria General Election 2019 that was rescheduled by the Independent National Electoral Commission (INEC), President Buhari said that anybody who engages in snatching ballot box(es) is risking his life.
“I really gave the military and police orders to be ruthless. We are not going to be blamed that we want to rig election. I want Nigerians to be respected, let them vote whoever they want across the parties… I am going to warn anybody who thinks he has enough influence in his locality to lead a body of thugs to snatch boxes or to disrupt the voting system. He will do it at the expense of his life.”
The president’s comment has been denounced by the leading opposition presidential candidate Atiku Abubakar of the People’s Democratic Party (PDP) and many lawyers.
Atiku’s media aide Phrank Shaibu wrote:
“…threatening people with death in the context of an election is incitement to electoral violence, which is an offence under that act. Once again General Buhari is showing his true colours and complete disregard for our constitution and the laws of this country,” the Daily Post of Nigeria reports.
A Senior Advocate of Nigeria (SAN), Mike Ozekhome said:
“For the records, it is the president’s own APC party that has so far been involved, to the knowledge of the whole world, in bizarre acts of electoral malpractices during their primaries, leading to an implosively divided party of disparate and inchoate tendencies. All over the world presidents are known to be extremely cautious and restrained, even when others do not. Section 131 of the Electoral Act on the other hand prescribes N1 million fine or 3 years imprisonment for anyone who directly or indirectly inflicts injury on others, or causes harm, violence, or uses duress and undue influence for the purpose of winning an election.”
Another lawyer, Inibehe Effiong wrote on Twitter.
“…Buhari’s shoot at sight Order is illegal and amounts to a flagrant and disgraceful attack on the independence on the electoral commission and the rule of law.”
Under the Electoral Act, 2010 (as amended), all security agencies are to take instructions from INEC during elections. Buhari's shoot at sight Order is illegal and amounts to a flagrant and disgraceful attack on the independence on the electoral commission and the rule of law.
— Inibehe Effiong (@InibeheEffiong) February 18, 2019
What does the Nigeria Constitution say about a right to life?
Under Chapter IV (Fundamental Rights), specifically Section 33 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) reads:
(1) Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria. (2) A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary – (a) for the defence of any person from unlawful violence or for the defence of property: (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or (c) for the purpose of suppressing a riot, insurrection or mutiny.
What does the Electoral Act say about snatching or destroying any election material?
Section 129 of the Electoral Act 2010 reads:
“Any person who snatches or destroys any election material commits an offence and is liable on conviction to 24 months imprisonment.”
