Attempts at causing the House of Representatives to rescind its earlier decision to give the Independent National Electoral Commission (INEC) a role in the deployment of troops during elections has failed as opposition members unanimously voted against the motion yesterday.
Majority of members had while considering the latest proposed amendments to the 2010 Electoral Act about a fortnight ago, voted in support of Clause 29 (1) that empowers INEC to request for the deployment of troops, only when it considered same necessary during elections.
The amendment had read: “Notwithstanding the provisions of any other law and for purposes of securing the vote, the Commission (INEC) shall be responsible for requesting for the deployment of relevant security personnel necessary for elections or registration of voters and shall assign them in the manner determined by the Commission in consultation with the relevant security agencies.
“Provided that the Commission shall only request for the deployment of the Nigerian Armed Forces only for the purpose of securing the distribution and delivery of election materials and protection of election officials.”
However, the Deputy Majority Leader, Leo Ogor, while relying on Order 9, Rule 57(6) of the Standing Orders of the House, in a motion requesting that the earlier decision be rescinded argued that by the provision of Section 28 (1) of the 1999 Constitution (as amended), only the President has the power “to determine the operational use of the country’s armed forces, subject to such conditions as may be prescribed by an Act of the National Assembly.”
He said the decision to retain the amendment contravened the Constitution as it relates to exclusive powers of the President on the operational use of the armed forces, adding that Section 1(3) of the Constitution stipulated that if any other law is inconsistent with the Constitution, the Constitution shall prevail and that other law shall, to the extent of the inconsistency, be void.
His move was earlier countered amidst repeated shouts of ‘no’ by the Minority Leader, Femi Gbajabiamila who through a point of order, cited Order 8 (50 and 51) and 9(57, sub 6), on which he argued that Ogor’s motion did not meet the conditions therein for a decision of the House to be rescinded.
But when the question was put for voice votes, members of the opposition All Progressives Congress (APC) who appeared to have been patiently waiting for the kill voted overwhelmingly against the request.
