Yemisi Izuora
The Nigerian United for Democracy (NUD) says it will resist any further shift in the general elections and vowed to employ similar strategy of NADECO if government settles for interim administration as being rumoured.
Lagos lawyer and human rights activist, Mr. Femi Falana (SAN) who addressed the media in Lagos at the weekend observed that the ruling Peoples Democratic Party (PDP) may have suddenly developed cold feet over the possible outcome of the coming general election thus prompting shift in the poll.
Falana who spoke under the aegis of NUD said all suggestions and considerations leading to the postponement of the election were illegal.
He warned therefore that if government decide to inaugurate an interim administration or causes any further shift of the election, it will be massively resisted.
According to him, the National Security Adviser and the Service Chiefs have no constitutional powers to advise or make input
With regard to the conduct of the election.
He said the constitution under section 153 established the National Security Council (NSC) to be chaired by the president, adding that the body is the constitutionally recognised body to advise the president on security issues.
“As far as we are concerned the postponement of the elections at the instance of service chiefs cannot be justified in law. It was a plot to undermine the democratic process and prevent Nigerians from exercising their rights of franchise” Falana declared.
He said that there is no conviction that after fighting Boko Haram unsuccessfully for six years the authority will use six weeks to wipe out the group.
Falana said that under section 215 of the constitution, the police is the only authority empowered to conduct internal security while the armed forces under section 217 of the constitution has the responsibility to secure the territorial integrity of the nation.
“There is no place in the law where it is indicated that the armed forces should be used to conduct election” he insisted adding that if for any reason the president requires military intervention to maintain peace, he will forward a formal request to the parliament whose duty is to grant such request.
“What the NSA and service chiefs did was pure usurpation of powers of the police” he maintained.
He wondered why the PDP which had bragged to rule the country for 60 years suddenly developed fears and is taking unconstitutional steps to undermine the electoral process.
He recalled that when former president Olusegun Obasanjo accused the present administration of plotting to install an interim government, it did not deny it rather it said that he Obasanjo was planning to head such structure.
He declared, “we are compelled to call on the National Assembly to extract a firm undertaking from the NSA and the security chiefs that the general elections would not be further postponed or disrupted”.
He reminded president Jonathan that when president Yar’Adua was ill and eventually died the civil society protested actions of some persons to rule the country by proxy.
He said further, “In 2011, a general election was conducted by the INEC under the chairmanship of Professor Attahiru Jega.
The presidential election was won by Dr. Goodluck Jonathan. But as the nation was preparing for the 2015 General Election slated for February 14 and 28, 2015, the Jonathan Administration commenced a campaign for postponement” he stated.