The Case for the Deployment of Armed Forces During General Elections
While the debate over the desirability or otherwise of deploying armed forces during the forthcoming general elections rages on, there have been few attempts to give to the issue the dispassionate consideration it deserves. While the opposition believes that the armed forces will be used to the advantage of the ruling party citing the tape which allegedly recorded the infamous role played by the Army during the last Ekiti State governorship election as a case in point, supporters of the ruling party argue that it is impossible to hold the elections, given the dire security situation of the county, without deploying the military. Both arguments cannot be and should not be waved .
The notion that a military, that is eager to jettison its neutrality by choosing to write directly to the Independent National Electoral Commission that its men were not available for election duty, has become partisan, can simply not be wished away.
Besides, allegations that the military is not neutral has been a recurrent issue before election petition tribunals. Apart from that, whistle blowers within the military had in the past informed the opposition of a directive from above to install a particular candidate at all costs. So the opposition's fear that the military has become partisan and cannot be trusted is real.
Yet, to also lose sight of the challenging security environment is to play politics with the lives of electoral officers and ad hoc staff as well as voters themselves.
Just to maintain the peace and secure lives and properties, members of the armed forces have already been deployed across the country. People are able to travel interstate by road assured of their safety because members of the armed forces are deployed along major highways. It took the military to rid Ogun state of armed bandits terrorising the state.
The argument on each side of the divide is persuasive and it is easy to be perplexed by the manner in which our leaders and politicians treat matters of grave national importance.
On the other hand, it is unrealistic for anyone to think that voters will gladly go out to vote if their security is not guaranteed. Technically speaking, the country is in a state of civil war in view of the situation in the north eastern part of Nigeria. For those familiar with international law, the conflict in the north east can be classified as the Non International Armed Conflict (NIAC) otherwise known as civil war.
The International Criminal Court (ICC) has confirmed that Nigeria is in a state of non international armed conflict. ICC, in its 2013 Report on Preliminary Examination Activities undertook a critical review of the conflict in Nigeria and concluded as follows: " In view of the above, the required level of intensity and the level of organisation of parties to the conflict necessary for the violence to be qualified as an armed conflict of non-international character appear to have been met.
"The Office of the ICC Prosecutor has therefore determined that since at least May 2013 allegations of crimes occurring in the context of the armed violence between Boko Haram and Nigerian security forces should be considered within the scope of article 8(2)(c) and (e) of the Statute."
Under the Geneva Conventions, "non-international armed conflict" (NIAC) is the technical name for a civil war.
Before the ICC concluded that the conflict in Nigeria had become a civil war, the International Committee of the Red Cross (ICRC) has made a similar determination.
Also, in agreeing to support a regional force to help Nigeria fight the insurgency, the African Union concluded that the situation in Nigeria was a civil war. The implication of all these is that an event that will require a mass gathering of people cannot be carried out without military presence to ensure safety of everyone presence and to restrain anyone who threatens the peace.. .
It further means that it will be too risky to release sensitive electoral materials on election day without adequate security. Lives of electoral officials and ad hoc staff should also be of concern to those who believe that there is life after election.
Before we forget, thousands of our country men and women have been killed as a result of the armed conflict between the military and Boko Haram. Thousands others have been injured some critically others, with minor injuries.
Through the use of small arms and improvised explosive devices schools, law enforcement agencies (military barracks and police barracks including the force headquarters) places of worship (mosques and churches), media houses as well as international agencies such as the United Nations have been attacked.
Although, the military in recent time appears to have gained the upper hand in the fight to rid Nigeria of insurgency, it is too early to rejoice as Boko Haram's capacity to deploy EIDs may not have been weakened. So vigilance should remain our watchword.
In view of the above scenario, the issue we should be addressing now is how to deploy the armed forces in an impartial manner. Can both parties work together to develop rules of engagement for members of the armed forces deployed for election duty. This should address the distance they should keep from a polling booth.
A former president of the Nigerian Bar Association, Chief Joseph Bodurin Daudu, SAN captured the role of the armed forces on election duty thus: "The military are not deployed to participate, however, because there are certain sensitive election materials to be protected, they would be available especially in this era of Boko Haram. It is their duty to assist in keeping internal security. However, they will not be at polling booths to whip people into lines like the members of the Nigeria Police Force or the Civil Defence Corp, but they, the military, should be available for immediate deployment."
What is required is for the President to show leadership by allaying the opposition's fear. INEC also has a role to play. It must let the military know that their service is to keep the peace and not to intimidate voters.