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2019 elections: Obey unlawful orders and face int’l laws, Situation Room cautions military, police

The Nigeria Civil Society Situation Room has urged military and other security personnel to be mindful of international laws on human rights when carrying out orders issued to them during the general elections.

Situation Room, a coalition of over 70 Civil Society Organisations (CSOs), warned that military and other security personnel who carry out unlawful orders would under international law, be held accountable.

The Convener of Situation Room, Clement Nwankwo, while briefing journalists on Friday in Abuja, said the coalition is deeply worried about the spike in politically motivated killings in the period leading up to the elections.

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He said, “According to various reports from members of the Situation Room across the country; over 260 Nigerians have been killed since the commencement of campaigns from October 2018 to date. The outlook is further compounded by recent statements by the President, ordering military and Police officers to deal ruthlessly with anybody who snatches ballot boxes or disturbs the voting system.

“It is noteworthy that Section 129(4) of the Electoral Act 2010 (as amended) already stipulates a 24-month imprisonment term for the offence of ballot box snatching and the Act prescribes various punishments for all ranges of electoral offences.

“Situation Room would like to warn that military and other security personnel who carry out unlawful orders would under international law, be held accountable.

“Under section 29(3) of the Electoral Act, the Nigerian military are specifically excluded from direct involvement in the elections. Regulation 341 of the Police Act (LFN 2004) confers personal liability on any police officer who employs excessive force in the exercise of his powers as a police officer.

“Similarly, Article 5 of the United Nations Code of Conduct for Law Enforcement Officials 1979 does not recognise superior order as a defence for the use of excessive force by law enforcement officials.

“Situation Room is concerned about the invitations issued for the interrogation of INEC officials, even if those invitations were later withdrawn. The optics of the invitations does not bode well for the independence of INEC and may amount to undue pressure.

“Situation Room is also concerned about statements emanating from various political parties that aim to undermine the credibility of INEC and thus infringe on its constitutionally guaranteed independence”, Nwankwo added.

He however encouraged Nigerians to defy the challenges and difficulties occasioned by the postponement of the elections and come out en masse to vote freely for the candidates of their choice.

He urged Nigerians to prepare to protect their votes and ensure that their votes count and are counted.

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