A Federal High Court in Lagos has restrained President Goodluck Jonathan from deploying the military to supervise the March 28 and April 11 general elections.
This followed a suit brought before the court by the Minority Leader of the House of Representatives, Hon. Femi Gbajabiamila.
Gbajabiamila in the suit he filed against Jonathan, the Chief of Defence Staff, the Service Chiefs and the Minister of Justice and Attorney General of the Federation, urged the court to prevent the President Jonathan-led administration from deploying soldiers anymore for elections.
In the position canvassed by his lawyer, Seni Adio, Gbajabiamila said there was an allegation and evidence that the military inhibited free movement, free access and intimidated of voters in Osun, Ekiti and Anambra State during the governorship elections in those states when it was deployed.
He said it was not ideal to deploy the military to supervise elections in a democratic setting.
Counsel to defendants, Dele Adeshina (SAN), opposed the application on the ground that the President, being the Commander-in-Chief of the Armed Forces, was empowered under Armed Forces Act to deploy the military to maintain law and order.
The presiding Judge, Justice Ibrahim Buba, declared that it is unconstitutional to deploy military for the supervision of election without the approval of the National Assembly.
He thus banned the unilateral deployment of troops for the upcoming elections by Jonathan.
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