Towards a peaceful poll

With the world watching, Nigeria will on Saturday hold its presidential election. Security agents have a vital role to play in ensuring a peaceful exercise. What is their constitutional role in elections? What rules of engagement must they abide by? PRECIOUS IGBONWELUNDU sought the views of senior lawyers.

Elections have always been hotly contested in Nigeria.  Scholars blame it on the electoral umpire’s inability to conduct credible exercises, and politicians’ desperation to win at all costs. The win-at-all-cost mentality makes desperate politicians to resort to vote rigging, ballot snatching at gun points, and  the use of thugs.

To prevent a breakdown of law and order, security personnel drawn from the Armed Forces are usually deployed in maintaining peace during elections. Yet, some of these agencies have been accused of partisanship – doing the bidding of the party or government in power.

As Nigerians go to the polls on Saturday, a lot is expected of security agencies that will be involved in election duties. What are their constitutional roles and what rules of engagement should they abide by?

A history of militarisation

The country’s recent elections have witnessed huge deployment of security personnel, including soldiers. During the governorship elections in Ekiti and Osun states in 2014, over 50,000 security personnel were reportedly deployed.

There were reports of intimidation and harassment of the opposition leaders, resulting in palpable tension.

In Ekiti, the military operatives mounted road blocks on entry/exit points to the state, denying members of the defunct Action Congress of Nigeria (ACN), which later merged with other parties to form the All Progressives Congress (APC) access to Ado-Ekiti the state capital.

Although the government had cited security concerns as well as exercise of presidential powers under Section 218 of the 1999 Constitution for the massive deployments, critics had expressed concerns at the implication of such militarisation of a civil process.

In his argument against President Goodluck Jonathan’s deployment of soldiers, professor of law Itse Sagay (SAN) said-: “Section 218 is not an independent section. It is  qualified by Section 217, which clearly lays out the circumstances and conditions under  which  our Armed Forces can be deployed.

“These are: (i) for the defence of Nigeria from external aggression; (ii) for the maintenance of the territorial integrity and securing the borders of Nigeria from violation on land, sea and air; (iii) for suppressing insurrection and acting in aid  of civil authorities to restore order when called upon to do so by the President; subject to such conditions as may be prescribed by an Act of the National Assembly.

“The powers of the President as provided in Section 218 (1) are qualified and limited by Section 217 (2). “In other words, the powers of the President to determine the operational use of the Armed Forces (Section 218) are not at large.

“It is limited to deployment of troops for the defence of Nigeria from external aggression, protecting our territorial integrity and for suppressing (internal) insurrection in aid of civil authorities.

“In this last case, i.e., suppression of insurrection and assistance to civil authorities, the President’s powers can only be deployed on terms and conditions prescribed by an Act of the National Assembly.

“To this extent, this third use of the President’s powers is subject to conditions laid down by the National Assembly.

“Furthermore, the power to deploy troops to suppress an insurrection is exactly that; suppressing insurrection, not deployment for election duties.

“Whilst the President is free to deploy our Armed Forces to defend our country against aggression and to maintain our territorial integrity, without control, he can only deploy them against insurrection and other internal armed conflicts under the guidance and control of the National Assembly, through an Act of the latter.”

Soldiers were also deployed during the governorship elections in Anambra, Edo, Ekiti and Osun states under Muhammadu Buhari administration.

The neutrality of security operatives was, however, questioned in the last September Osun governorship rerun.

The Peoples Democratic Party (PDP) leaders and members accused security agencies of working in concert with the APC thugs to deny them access to polling units through intimidation and aggression.

Role of security agencies

Although the Police Act of 1943, did not spell out the roles of officers and men during elections, it lists the constitutional roles of the force in line with Section 215 of the 1999 Constitution.

The duties include prevention and detection of crime, apprehension of offenders, preservation of law and order, protection of life and property, due enforcement of all laws and regulations as well as such military duties within or outside Nigeria as may be required of them.

The Police Service Commission (PSC) Guidelines 2003 empower the service to ensure the security of lives and property before, during and after elections, as well as safety of electoral officers and all candidates irrespective of their political parties.

The police are to ensure and preserve a free, fair, safe and lawful atmosphere for campaigns by all parties and candidates, without discrimination.

They are to maintain peaceful conditions, law and order around the polling units and collation centres; secure both sensitive and non-sensitive electoral materials throughout the process, as well as ensure the safety of the electorate.

The Electoral Act 2010 empowers the Police, acting under the Independent National Electoral Commission (INEC), to co-ordinate all security arrangements for elections and to arrest electoral offenders.

Aside the quelling of insurrection when called upon to do so, Section 29(3) of the Act empowers INEC to engage the military for the purposes of securing the distribution and delivery of election materials and protection of election officials.

INEC Chairman Mahmoud Yakubu last week indicated that he would assign the military such roles in the coming elections.

At the quarterly Inter-Agency Consultative Committee on Election Security (ICCES), which held in Abuja last week, Yakubu noted that from experiences gathered from 195 off-season elections conducted since 2015, there was need for a different approach to the deployment of security forces this time.

But, PDP presidential candidate Atiku Abubakar at a rally in Cross River State vowed to resist any attempt to deploy the soldiers for the polls.

However, the military has tried to allay fears by pledging its neutrality, impartiality and professionalism ahead of the polls.

Army reads riot act

Spokesman for the Defence Headquarters Brig.-Gen. John Agim said military operations (Python Dances) were to ensure that all eligible citizens, irrespective of their religion, political inclinations, were given the opportunity to carry out their civic right in a peaceful environment devoid of intimidation by criminal elements.

He said the military and joint security exercises became necessary in view of threats from some unpatriotic individuals and dissident groups to stop people in some parts of the country from casting their votes.

“Let the public be re-assured that no person or group of persons have the right to deny or intimidate eligible voters from performing their constitutional obligations. All efforts of the military are to assist other security agencies to ensure that no Nigerian is disenfranchised.

“The Defence Headquarters wishes to sound a note of warning to any persons or group of person that tries to constitute themselves into nuisance and disturb public peace on election days.

“Anyone found disrupting public peace will be dealt with in accordance with the laws of the land,” he said.

Agim also laid out the rules of engagements of the Armed Forces in elections, warning personnel not on election duty to avoid wearing military uniforms, accoutrements to polling centres.

“Any military personnel, who is not on essential duty and found on military uniform on election day will be arrested and will face the full wrath of military justice system.

“The Defence Headquarters has warned that all officers, soldiers, ratings, airmen and women of the Nigerian Armed Forces (AFN) must remain neutral and exhibit exceptional professionalism before, during and after the upcoming elections.

“All military Commanders have been tasked to ensure adequate security in their areas of responsibility. They have also been further directed to ensure the adherence to code of conduct and rules of engagement in the discharge of their duties.

“These assigned tasks include arrest of anyone in military uniform who is not on essential duty on those days.

“Likewise, any civilian caught in military uniform will be treated as a terrorist. Already the military is inundated with the allegations of illegal importation of military equipment and uniforms into the country which is being investigated.”

Are security agencies ready?

Findings by The Nation have indicated that the police were deploying  Explosives Ordnance Disposal (EOD) and other tactical personnel, who just returned from the African Mission in Somalia (AMISOM) peacekeeping operations for this election.

Already, these operatives are said to have undergone refresher courses and trained some of their colleagues and military personnel on combating election threats.

It was also gathered that all security operatives to be deployed for the polls will bear their names, force numbers and telephone numbers in case of any eventuality at their assigned units.

Elite forces such as the Police Mobile Force (PMF), Counter-Terrorism Unit (CTU) and the Special Protection Unit (SPU) will provide security for local and international election observers, escort sensitive electoral materials and protect critical national assets during the exercise.

For governorship and state Houses of Assembly elections, security operatives will be deployed in states where some elections will not hold, such as Anambra, Edo, Osun, Ekiti and Ondo, to  complement their colleagues in nearby states.

Former Lagos Police Commissioner Fatai Owoseni (rtd), expressed concerns about sister security agencies services that seem to act in isolation.

He advised that the old practice of situation rooms being led by the police with representatives of all other security agencies to monitor trends and threats be returned, so that issues can be tackled proactively and in a coordinated manner from there.

Owoseni advised that issues of logistics for personnel on election duty be taken seriously, giving that there would be restriction of movement.

“Logistics are usually a major challenge. How much has been disbursed for logistics of the men? What are the plans for their movement or accommodation? Some of these personnel will have to escort election materials and there are restrictions on movement on election day.

“Are provisions made for where they will stay? If not, what transport arrangements have been made for them? Are there vehicles to move them? These are some of the issues,” he said.

Police spokesman Frank Mba, a Chief Superintendent (CSP), confirmed that threat analysis had been conducted and deployments done on need basis.

Mba told our correspondent that the police and other security agencies are well prepared for the exercise.

He, however, declined comments on potential trouble spots identified by the police, possible challenges and the strength of security deployed for the elections.

He said: “We assure Nigerians that no part of the country is more important than the other. No part will be left unpoliced.

“We are working in collaboration with sister agencies and will do everything humanly and operational possible to give Nigerians an irrevocably peaceful experience. We also appeal to parents to monitor their wards and restrict them from being used as thugs.

“We are also concerned about the dangers of fake news because they are potential landmines. So, Nigerians must be careful to avoid actions capable of breaching the peace. They should be rest assured that our loyalty is to the Constitution of Nigeria.

“Security agents on election duty have been properly trained and motivated. They have been tasked to deliver on their core mandate, remain apolitical and neutral and ensure they do their jobs strictly within laid down rules.

“If you walk into a polling unit, you may just see a police officer and an operative from other units, but wherever you see a police officer and operatives from other security agencies; the police officer irrespective of his rank will be the leader of that team,” Mba said.

Possible flashpoints

The presidential election will hold across the 774 Local Government Areas (LGA) of the country with some having high propensity for violence.

In a recent interaction with reporters, the Civil Society Joint Action Committee, a coalition of civil society organisations identified 20 states – Abia, Akwa Ibom, Rivers, Plateau, Bayelsa, Borno, Zamfara, Kaduna, Cross River, Bauchi, Oyo, Yobe, Benue, Kogi, Nassarawa, Imo, Osun, Ondo and Kano as those likely to witness post-election violence.

It said the projection was based on violent killings and unresolved crises, which have high tendencies to escalate during and after the elections in the mentioned states.

Quoting statistics from Nigeria Watch, Senior Team Manager, Open Society for Justice Initiative, Prof. Chidi Odinkalu said between June 2006 and May 2014, there were about 915 cases of election violence resulting in about 3,934  deaths.

“The Northcentral recorded about 1463 deaths; 911 deaths were recorded in Northwest;  644  deaths in the South, while 319 and 386 deaths in the Northeast and Southwest respectively.

“The insurgency in the Northeast region, the worsening banditry in Zamfara  State, the herdsmen and farmers crises in Benue State, violent attacks on Shi’ite Muslims in and around Abuja, resource control violence in the south and southeast regions of the  country, the rise in deadly gang and cult activities everywhere, including the  southwest and more, the proliferation of small arms and light weapons across the country are indications of violence.

“This lethal combination  of unabated violence;  access to  weapons and Nigeria’s propensity for turbulent and fiercely contested elections do not augur well for peace in the 2019 elections,” Odinkalu said.

Already, security agencies have raised concerns about the recruitment of thugs and members of the National Union of Road Transport Workers (NURTW) by desperate politicians to foment trouble.

There have been reports of politicians arming cultists and thugs, illegal importation of firearms and security uniforms, among other criminally motivated actions.

Unresolved scores, recruitment of card carrying political party members as INEC ad-hoc staff, intimidation of voters and opposition members by security agencies, among others, constitute issues that trigger electoral violence.

In Rivers State for instance, findings from 16 communities and five LGAs indicated that all might not be well.

The report covered Ogbodo, Isiokpo and Omagwa in Ikwerre LGA, Kula in Akuku-Toru LGA, Gwara in Khana LGA, Elelenwo in Obio/Akpor LGA, Abuloma, Amadi, Azuabie, Okuru, Ozuboko and Tere Ama, in Ward 20, Port Harcourt City LGA; Elekahia in Ward 19, Port Harcourt City LGA; Orogbum and Abali (Ogbunabali) in Wards 2, 3 and part of Ward 4 Port Harcourt  City LGA  as well as Nkpolu-Orowurukwo in Wards 10 and 18, Port Harcourt  City LGA.

It showed that already wanted cultists were returning to the areas and that sponsored assassinations, violence taking place.

In Ogbodo community, Ikwerre LGA, the threat analysis noted the return  of a suspected cultist identified as The Bull, who earlier fled the community.

The Bull, security sources said, returned to the area last month and since then, there  has been  sporadic gunshots and tensions.

Similarly, there has been endless cult wars between Icelanders and Degbam in Gwara, Khana LGA since last December, which led to the beheading of a native doctor, Boy Iboode, from Luuyor by suspected members of Icelanders on January 4, while five others were murdered on January 30 at Ka-Gwara and Luuyor.

There have also been reported killings at Elelekahia and Ogbunabali in Port Harcourt City LGA, which have given residents cause for concern, among others.

In Imo State, the Osemotor country home of former Infrastructure Commissioner and aspirant to the Federal House of Representatives under Oguta/Ohaji-Egbema, Prince Henry Okafor, was demolished by thugs allegedly loyal to Governor Rochas Okorocha, which led to breakdown of law and order in the community and the burning down of some vehicles.

In Lagos, outbreak of violence at a rally led to some journalists sustaining gunshot injuries, while there have been cases of politically instigated clashes and killings in Lagos Island, Ajegunle and Alimosho. There are also fears of a possible violent clash in Akwa Ibom State as a result of the differences between the incumbent governor and his predecessor.

Bayelsa State Governor  Seriake Dickson raised alarm on alleged arms stockpiling by politicians.

‘Security agencies must be neutral’

Former Commandant Nigerian Defence College (NDC), Rear Admiral Sanmi Alade, said security agencies are deployed to ensure peaceful elections and participants’ security.

He added that they must operate in in accordance with the electoral law and the Constitution.

“Security agents are not expected to interfere with the process. They are to adhere strictly to the rules of engagement stipulated for the exercise.

“The first layer of security is the police and they could be deployed around the polling units and also for legitimate escort duties before, during and after elections.

“INEC officials in collaboration with the police are expected to identify flash and vulnerable points where violence are likely. Such points should be well secured to avoid any escalations.

“The electoral laws have identified various offences and their consequences. Security agents must be well aware of them in case of any violations. Security agents are not to harass anyone or be partisan. They must remain apolitical throughout.

“Their actions must always be in the interest of the electorate and not that of the politicians. The presence of security agents is to provide confidence to the people generally during elections. This is done all over the world,” Alade said.

Read also: Buhari leads ‘Berlin Wall must fall’ mission to Kwara

Lawyers’ speak

Although police and other security agencies deployment  for elections cannot be ruled out, giving the nation’s peculiarities and threat index. The neutrality of the services, observers believe, will inspire confidence in the electorate.

They are of the view that the government should allay fears that ‘federal might’ will be deployed in opposition states to win election at all cost.

To Chief Bolaji Ayorinde, a Senior Advocate of Nigeria (SAN) , there is a need for the security personnel to be neutral. “They must not be partisan and must go the extra mile to assure the public that they will not support the government of the day,” he said.

Constitutional lawyer Sebastine Hon (SAN) is of the view that securing Nigerians and their electoral franchise is the most important component of the entire process, which must be done in adherence to internationally accepted rules of engagement.

“Security agents are not to molest, harass, coerce or hector voters to vote for any particular candidate or political party. Indeed, they should arrest thugs and other unscrupulous elements perpetrating these and several other electoral malfeasances.

“They should not permit vote-buying, which has become an enigma in Nigeria. No guns or rifles should be borne by security agents within the shouting circumference of polling and collation centres; and this should be observed throughout the period of the election, except when there is breach of the peace and of security.

“Standard and acceptable global practice is that  since the electoral process is purely civil in  nature, only the regular police or at most, specialised police like the Mobile Unit, are expected to superintend the process. No branch of the military has any role to play in the process; hence there should be no deployment of army personnel.

“Mind you, the warning by the United States (US) and its allies is targeted both at the political and the military brass hats. We must get it right this time around for the stakes are higher than ever,” Hon said.

Similarly, Norrison Quakers (SAN) expects security forces to remain non-partisan, protect voters and officials during elections.

“Deployment of the military during polls is unconstitutional. Their constitutional roles include, but not limited to defending the country from external aggression, maintaining our territorial integrity, securing our borders, suppressing insurrection and acting in aid of civil authorities to restore order, if called upon by the President to do so as the Commander-in-Chief.

“Regrettably this has not been the case in our democratic experience. Service personnel must professionally discharge their duties without allegiance to anyone, but the Nigerian state as required by the Constitution.”

Chairman, Nigerian Bar Association (NBA)  Section  on Public Interest Law, Dr Paul Ananaba (SAN), said security agencies are critical to the electoral process, but must play by the rules.

“They should not allow themselves to be used by any politician or political party to favour any candidate. They must ensure that the elections are free and fair and must not compromise the process in any manner,” he said.

According to him, if security agencies work in favour of a particular candidate, it will amount to subverting the will of the electorate and a breach of the Constitution.

Former Nigerian Bar Association (NBA) Vice President, Monday Ubani, noted that security agencies could make or mar an electoral process, but urged them to ensure that hoodlums do not unleash terror on the people.

“They must be neutral, patriotic and unbiased in their duty. Anything short of this will spell doom to the entire process. They must not show partisanship either to the ruling party or to the opposition.

“One hopes that the new IGP gives this kind of directives to all the CPs who will pass same over to all the officers on duty on those days of the election. Criminals must not be spared. They must be arrested and prosecuted under the law of the land,” he said.

To Lagos lawyer, Daniel Onwe, security forces should restrain trouble makers while safeguarding voters, electoral officials and materials.

“Their presence should enbolden and encourage peaceful voters, but instill fear in trouble and mischief makers. It must never be the other way round. However, they must not meddle in the activities of electoral staff or voters.

“They should keep some watchful distance from the actual voting scene, but should be readily available to prevent any act of criminality and take out criminals anywhere. They must not show support for or take sides with any particular political party or politician.

“They should create the atmosphere, where every peaceful voter feels safe to go out and vote, where the electoral staff feels safe to go about their lawful duty and where trouble and mischief makers would be afraid to operate,” he said.

Programme Officer, Human Rights Law Service (HURILAWS), Collins Okeke, said he  expects a peaceful process where voters can exercise their rights without intimidation.

“Security agencies must confine themselves to this role and not interfere in the election process to the advantage of any of the political parties,” said Okeke.

Constitutional lawyer Ike Ofuokwu expressed doubts on the neutrality of security agencies, alluding it to the alleged skewed appointment of heads of security agencies to favour a particular ethnic group.

“It will be a mirage and mere wishful thinking to expect our security agencies to assist towards a free and fair election as it seems their appointments in the first place are programmed towards achieving a particular goal.

“However, it is pertinent to warn that they must respect the rights of the citizens even in their zeal to please their masters, otherwise, the International Criminal Court (ICC) must be put  on alert  to address  brazen breaches that may arise irrespective of the irresponsible threat of ‘body bag’ by an egocentric Fulani,” he said.

Abuja based lawyer Ocholi Okutepa urged security operatives to work within boundaries of INEC’s oversight. “This does not in any way diminish the importance of the work to be done by the operatives. It is in fact, an extension of their regular duties to maintain the peace, howbeit in this circumstance, it is to maintain the peace on Election Day and to arrest any situation or person, who interferes with the process.

“So, the security agencies do not conduct election and should not under any circumstances be involved in the process other than ensure the peace of the process,” he said.

A Lagos lawyer  Celestine Nwankwo said security is paramount and  operatives must be non-partisan.

“They should stand in the middle as referee not minding whose ox is gored. They must not side with any political party whatsoever; otherwise they will fail the test of impartiality,” Nwankwo said.