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| The Chief of Defence Staff, Admiral Ola Ibrahim, other Service Chiefs and the Inspector General of Police |
By: Ikechukwu Nnochiri,
Abdulwahab Abdulah & Dapo Akinrefon
ABUJA—A Federal High Court in Abuja, yesterday, barred
President from appointing Service Chiefs
for the federation without the consent of the National Assembly.
Delivering judgment in a suit filed before the court by Lagos-based activist, Mr Festus
Keyamo, Justice Adamu Bello, maintained that it was unconstitutional, illegal,
null and void for the President to
single handedly okay persons for appointment as Service Chiefs.
Though the court did not order their immediate removal from
office, those whose appointment were adversely affected by the judgment
yesterday were the Chief of Air Staff, Chief of Army Staff and Chief of Naval Staff.
The court also held that Section 18 (1) & (2) of the
Armed Forces Act, Cap. A.20, Laws of the Federation of Nigeria, 2004, is in
conformity with the provisions of the 1999 Constitution and do not fall within
the category of existing laws under Section 315 (2) of the constitution which any
sitting President may by an order, modify its text to bring it into conformity
with the provisions of the constitution.
Specifically, Keyamo had in his suit, urged the court to
among other things, determine: “Whether by the combined interpretation of the
provisions of Section 218 of the Constitution of the Federal Republic of
Nigeria, 1999 and Section 18 of the Armed Forces Act, Cap. A.20, Laws of the
Federation of Nigeria, 2004, the 1st Defendant can appoint the Chief of Air
Staff, the Chief of Army Staff, and the Chief of Naval Staff without the
confirmation of the National Assembly sought and obtained.
He also asked the court to determine “whether Section 18 (1)
& (2) of the Armed Forces Act, Cap. A.20, Laws of the Federation of
Nigeria, 2004 is not in conformity with the provision of the 1999 Constitution
so as to fall within the category of existing laws under Section 315 (2) of the
Constitution of the Federal Republic of Nigeria, 1999, that the President, may,
by Order, modify its text, to bring it into conformity with the provisions of
the Constitution.”
Keyamo insisted that the practice of side-stepping the
constitutional requirement of involving the National Assembly in the
appointment of Service Chiefs began under former President Olusegun Obasanjo,
adding that subsequent administrations adopted the illegal practice.
Therefore, he beseeched the court for: “A declaration that
the appointment of Service Chiefs for the Federal Republic of Nigeria by the
President, without the confirmation of the National Assembly is illegal,
unconstitutional and void.
“A declaration that Section 18 (1) & (2) of the Armed
Forces Act, Cap. A.20, Laws of the Federation of Nigeria, 2004, is in
conformity with the provisions of the 1999 Constitution so as not to fall
within the category of existing laws under Section 315 (2) – of the
Constitution of the Federal Republic of Nigeria, 1999, that the President, may,
by order, modify its text, to bring it into conformity with the provisions of
the Constitution.”
He also prayed the court for: “An order restraining the President from
further appointing Service Chiefs for the Federation without first obtaining
the confirmation of the National Assembly”.
Justice Bello in his judgment, yesterday, upheld his
arguments and granted all the prayers that were sought by the plaintiff.
The judgement is a good one —Aturu
Reacting to the judgement delivered by the court, rights
crusader, Mr Bamidele Aturu said it was a good one.
In a telephone chat with Vanguard, Aturu said: “If the court
has looked at the papers and has ruled in his favour, it is a good one and that
is what we encourage Nigerians to do. Nigerians should go to court more often
and challenge such things. If President decides to appoint Service Chiefs
without approval from the National Assembly, that is a breach of our democracy.
I congratulate the plaintiff, Festus Keyamo for going to court and I think
Nigerians should emulate him. Nigerians should do more of such because people
cannot take laws into their hands. I expect that the President will quickly do
what is right instead of filing frivolous appeals, which will just be an
unnecessary waste of time.”
I commend the court’s
decision —Emeka Ngige
“I commend the decision of the Federal High Court. It is
sound and it is not surprising that the court ruled in that way. My
reservation, however, is that the
judgment is coming rather late after five years that the matter was filed by
way of originating summons.
“That may have defeated the course of action. If this
judgment has been delivered may be in 2009, it could have been better, when
some of the service chiefs were in office. This is not relevant now because
those appointed afterwards were confirmed by the National Assembly.
“So, the judiciary should endeavor to give judgment on
constitutional interpretation timely, in order not to render the exercise a
mere academic.”
It’s sound judgment —Femi Falana
The judgement is sound and it is commendable on the part of
the plaintiff, my learned friend, Mr Festus Keyamo. The judgment has gone a
long way to challenge the culture of impunity in our country, and it is also a
challenge to the Senate to insist on full compliance with the provision of the
constitution, with respect to its powers to screen candidates for the position
of service chiefs.
This is not one of the cases that should be appealed by the
government.”
It defends rule of law—Jiti Ogunye
“The decision of the Federal High Court is highly
commendable and it is meant to defend the rule of law and our democracy. By the combined Sections 218 of the
constitution, and section 18 of the Armed Forces Act, Cap. A.20, Laws of the Federation, the President
has the power to appoint the service chiefs, but subject to confirmation and
the approval of the National Assembly.”
This decision of the Federal High Court is for the defence
of the rule of law and it is to ensure among other things that the power of
appointment of service chiefs by the president is not exercised in an arbitrary
manner contrary to the provision of section 218 of the constitution.
So, the president has to consider the federal character in
the appointment of the service chiefs including the Chief of Naval Staff, Chief
of Defence Staff, and the Inspector General of police.
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