Service Chiefs Committed Treason - Falana

Mr. Femi Falana (SAN)

Lagos lawyer, Mr. Femi Falana (SAN), has said that the electoral body should have called the bluff of security chiefs and proceded with the February 14 presidential election.

In a statement, Falana also said that by saying that they would not provide security in aid of civil authorities pursuant to section 217 of the Constitution, “the security chiefs have committed the offence of mutiny contrary to section 52 of the Armed Forces Act.”

He further stated that by causing the election to be postponed, the National Security Adviser (NSA), Dasuki Sambo, and the security chiefs had staged a coup against the constitution.

"They are liable to be prosecuted for the grave offence of treason at the appropriate time," he added.

He also said that INEC misconstrued the provisions of section 25 of the Electoral Act, when it relied on that provision to postpone the election.

He said: "The reliance on section 25 of the Electoral Act by the INEC Chairman Professor Attahiru Jega, is totally misleading."

According to him, the provision does not support the postponement of a general election in the entire country but “in the area or areas” where there is violence or actual threat of a breakdown of law and order.

He said: "Since the reason for the postponement of any election must be 'cogent and verifiable' it is crystal clear from the press conference addressed by Jega last night that INEC did not verify the bogus claim of the NSA and the security chiefs as required by the law."

He also said that contrary to the mistaken belief of the INEC leadership, the armed forces had no role to play in the electoral process.

He cited a judgment delivered last week by a Federal High Court sitting Sokoto where the court declared illegal and unconstitutional the involvement of soldiers in election duties.

The judgment, he said, was binding on all authorities and persons in Nigeria.

He described as blackmail, the letter written to INEC by the NSA to the President, to the effect that the armed forces could not provide security for the election because of the operations in the North-east region.

He said: "By writing directly to the INEC on the security situation in the North-east region the NSA usurped the functions of the National Security Council.

"Therefore, they (security chiefs) lack the constitutional power to make any authoritative pronouncement on the security of the nation.  Even though the NSA is a member of the National Security Council, he cannot usurp the constitutional responsibilities of the body with the connivance of the service chiefs."

Source: Thisday