Army speaks on Buhari’s directive to deal ‘ruthlessly’ with ballot snatchers

The Nigerian army says it would remain apolitical and its
actions guided by the rules of engagement during the general
election.

President Muhammadu Buhari, candidate of the All Progressives
Congress (APC), had on Monday warned those who might want to snatch
ballot boxes would do so at the expense of their lives.

The president said he rarely gives the military and the police
the power to be ruthless, and “anybody who decides to snatch ballot
boxes or lead thugs to disturb, it may be the last unlawful action
you will take.”

But in a telephone conversation with TheCable on Tuesday, Sagir
Musa, army spokesman, said the army’s involvement starts and ends
with provision of peaceful and secure environment for the conduct
of the elections.

“Our actions are guided by the extant rules of engagement and
code of conduct. The constitution of Nigeria is the grundnorm
guiding all our actions,” he said.

WHEN DOES THE RULES OF ENGAGEMENT SET IN?

When the army is dealing with crime or assisting the civil
authorities like the Independent National Electoral Commission
(INEC) to restore law and order during a crisis situation, it is
under obligation to strictly observe relevant provisions of the
laws.

These include legal procedures for dealing with riots and
unlawful assembly, powers of search and arrest, and the use of
force.

In the army’s guideline on the use of force, there is no hard
and fast rule to determine whether a particular degree of force
would be reasonable. The commander on the ground should decide
taking the prevailing circumstances into account. He and his troops
are responsible for their actions.

In principle, however, force may be used provided it is
necessary and reasonable in the circumstances, and in the exercise
of powers of arrest and quelling of disturbances.

When seeking the standing of the police in this matter, Frank
Mba, the spokesman, said he doesn’t speak for the presidency.

“I am not a fit and proper person to comment on that,” he told
TheCable on the phone on Tuesday.

The electoral act (2010) prohibits anyone from snatching
electoral materials, and Section 129 subsection (4) of the act only
prescribes a maximum two years imprisonment for offenders.

Criticisms have continued to trail the president’s comments, but
Bola Tinubu, a national leader of the ruling All Progressives
Congress (APC) had argued that Buhari’s directive is not for
security agencies to shoot indiscriminately but aim at only those
who disrupt the electoral process.