The Alliance on Surviving COVID-19 and Beyond (ASCAP), a
coalition led by Femi Falana, has asked President Muhammadu Buhari to send the
names of the new service chiefs to the national assembly for approval.
On Tuesday, Buhari appointed Lucky Irabor as chief of
defence staff; Ibrahim Attahiru, chief of army staff; Awwal Gambo, chief of
naval staff; and Isiaka Amao, chief of air staff.
The new service chiefs met with him at the presidential
villa in Abuja on Wednesday
In a statement signed by Falana, the group said the
constitution requires the legislative chambers to approve the new service
chiefs after their nomination by the president.
“Yesterday, President Buhari was reported to have appointed
new service chiefs for the armed forces. Upon a critical review of the law on
the subject matter the members of the Alliance on Surviving COVID-19 and Beyond
(ASCAP) have found that the appointments remain inchoate as President Muhammadu
Buhari has not forwarded the names of the proposed service chiefs to the
national assembly for approval in strict compliance with the relevant
provisions of the Constitution and the Armed Forces Act,” Falana said.
“The appointments of service chiefs without the concurrence
of the National Assembly which had been the practice since 1999 was challenged
in the Federal High Court sometime in 2008 by Mr. Festus Keyamo SAN (the
current Minister of State in the Federal Ministry of Labour and Productivity)
in the case of Keyamo v President Goodluck Jonathan (unreported Suit No
FHC/ABJ/ CS/611/2008).
“In his landmark judgment delivered on July 2, 2013, Adamu
Bello J. (as he then was) held that it was illegal and unconstitutional, null
and void for the President to single handedly appoint Service Chiefs without
the approval of the national assembly having regards to the combined effect of
section 218 of the Constitution and section 18 (1) & (3) of the Armed
Forces Act.
“Because it was that acknowledged that the judgment was
sound and unimpeachable the federal government did not challenge any aspect of
it at the Court of Appeal. To that extent, the judgment is binding on all
authorities and persons in Nigeria in accordance with the provisions of section
287of the Constitution.
“ASCAB is therefore compelled to call on President Muhammadu
Buhari to forward the names of the proposed service chiefs to both houses of
the National Assembly for confirmation forthwith. Otherwise, the said
appointments are liable to be set aside on the basis of the valid and
subsisting judgment of the Federal High Court.”
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