Members of the ruling All Progressives Congress (APC) in Osun State, South-West Nigeria, have approached a Federal High Court in Lagos for an injunction restraining President Goodluck Jonathan from deploying military personnel for election activities at the forthcoming August 9 gubernatorial election in Osun State.

In a suit lodged today at the Federal High Court, the party is seeking the following reliefs:

I. A declaration that, by the Provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), it is ultra vires the President of Federal Republic of Nigeria to deploy members of the armed forces to Osun State for the purpose of the conduct of the gubernatorial election scheduled to hold on August 9, 2014.

II. A declaration that, by the Provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), it is ultra vires the President of Federal Republic of Nigeria to deploy members of the armed forces to Osun State during the conduct of the gubernatorial election scheduled to hold on August 9, 2014 whether to supervise, monitor or regulate the procedure of the said election or for any other purpose whatsoever.

III. An Order of this Honourable Court restraining the President of the Federal Republic of Nigeria from deploying members of the armed forces to Osun State for the purpose of or during the conduct of the gubernatorial election scheduled to hold on August 9, 2014 whether to supervise, monitor or regulate the procedure of the said election or for any other purpose whatsoever.

In the suit filed on behalf of APC by Dr. Muiz A. Banire of M. A. Banire & Associates, Legal Practitioners, the party is seeking for the determination of the following question:

1. 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 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.

The Originating Summons is supported by a 15-paragraph affidavit deposed to by an APC member, Kufisile Olufemi Michael.

News Express reports that militarisation of the recent governorship election in neighbouring Ekiti State is one of the reasons given by APC for its loss of the coveted seat to the Peoples Democratic Party – the party at the centre, which controls both the police and the military.

•Photo shows Osun State Governor Rauf Aregbesola.

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