How Buhari’s ‘Shoot At Sight’ Order Breaches Constitution – CSJ

The Centre for Social Justice (CSJ) has decried President
Muhammadu Buhari’s directive to the Nigeria Police Force and the
military to be ruthless on ballot snatchers.

President Buhari had on Monday during the All Progressives
Congress (APC) national caucus meeting in Abuja 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”.

Reacting, the Lead Director of the CSJ, Eze Onyekpere, said on
Monday in Abuja that 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.

According to him, 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,” Onyekpere said.

He therefore urged 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.