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.
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.
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