A Federal High Court in Abuja has ruled that the appointment of all Service Chiefs by the President is unconstitutional, illegal, null and void without the approval of the Senate.
Justice Adamu Bello, ruling on a suit filed by Lagos lawyer, Festus Keyamo challenging the appointments, on Monday, declared that the President of Nigeria cannot appoint service chiefs without the approval of the Senate.
Justice Bello then restrained the President from further appointing them except in consultation with the National Assembly.
Untill this ruling, the President is at liberty to appoint or sack Service Chiefs.
The Service Chiefs include the Chief of Defence Staff, Chief of Naval Staff, Chief of Air Staff and Chief of Army Staff.
When contacted for the Presidency’s reaction to the ruling, the Special Adviser to the President on Media, Dr Reuben Abati stated that “the Attorney-General and Minister of Justice was still studying the ruling.”
The case was instituted in 2008 by Mr Keyamo against the President of the Federal Republic of Nigeria, the Attorney-General of the Federation and all service chiefs asking the court to determine whether going by the interpretation of the provisions of Section 218 of the Constitution of the Federal Republic of Nigeria and Section 18 of the Armed Forces Act, Cap. A.20, Laws of the Federation of Nigeria, 2004, if the Nigerian President can appoint the service chiefs of the Federation, namely, the Chief of Air Staff, the Chief of Army Staff and the Chief of Naval Staff, without the confirmation of the National Assembly first 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.
No comments:
Post a Comment