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Centre for Social Justice notes with regret President Muhammadu Buhari’s directive to the Nigerian Police Force and the Military to be ruthless on ballot snatchers, while also directing a “shoot at sight”.
The above directive was issued by President Mohammadu Buhari during the All Progressives Congress (APC) caucus meeting held on Monday the 18th February, 2019 at APC national headquarters where he said “I really gave the military and the police order to be ruthless… Anybody who thinks he has enough influence in his locality to lead a body of thugs to snatch ballot boxes or disturbs the voting system will do so at the expense of his own life”
Section 33 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides that:
(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.
The President by his directive has asked the law enforcement agencies to take laws into their hands by arbitrarily executing anyone suspected of ballot snatching or violence. This directive clearly violates the constitutional guarantee of the right to life and cannot be justified under any of the exceptions to the general rule. Evidently, the President is out of touch with the Constitution of the Federal Republic of Nigeria 1999 which he swore to uphold and this shows that the military mindset is still dominant in his acts and omissions.
It is imperative to remind members of the security forces that obedience to an unlawful order is not a defence to the crime of murder or any other violation of human rights or the criminal laws of Nigeria. Any security man who obeys such misguided order obeys it at his peril.
We therefore call on the President to immediately withdraw this directive and give the proper directive that security agencies should arrest and prosecute persons who are found or suspected of committing electoral crimes.