The Osun state branch of All Progressives Congress (APC) has challenged the power of President Goodluck Jonathan to deploy soldiers for the purpose of providing security during the August governorship election in the state in the Lagos state Federal High Court.
The an affidavit supporting the origination summons, a member of the party, Kufisile Olufemi Michael of 1, Acme Road, Ogba, Lagos State, included the Attorney-General Of the Federation and the Republic Of Nigeria as co-defendants.
The plaintiff sought court interpretation of the constitution as to whether, having regard to the supremacy of the Constitution and the clear provisions of section 217(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), it is not ultra vires for the President of the Federal Republic of Nigeria to deploy members of the armed forces to Osun State for the purpose of supervision, monitoring or regulation the conduct of the gubernatorial election scheduled to hold on August 9, 2014 or for any other purpose whatsoever.
He however argued and contended that the President does not have the power to deploy soldiers for the purpose of conduct of elections and that the 1999 Constitution has clearly limited the exercise of the President’s power with regard to the armed forces; and that the President can only exercise his power within the context of the Constitution.
“We urge Your Lordship to so hold and grant our prayers.