Court sacks service chiefs

 
From GODWIN TSA, Abuja
The Federal High Court yesterday nullified the appointments of the Chief of Air Staff, Air Vice Marshall A. S. Badeh (Adamawa); Chief of Army Staff, Lt. General O. A. Ihejirika (Abia) and Chief of Naval Staff, Rear Admiral D. J. Ezeoba (Delta) by President Goodluck Jonathan describing it as unconstitutional, illegal, null and void.
This was the judgement of Justice Adamu Bello in the suit filed by human rights lawyer, Mr. Festus Keyamo challenging the appointments of the service chiefs. Justice Bello, in his judgement, held that the service chiefs were appointed without the approval of the National Assembly.
The court also restrained President Jonathan from further appointing them without the approval of the Senate. Keyamo had filed the suit since 2008 against the President of the Federal Republic of Nigeria, the Attorney General of the Federation and all the Service Chiefs.
Justice Bello, in his judgment, agreed with the plaintiff that the appointments of the service chiefs by the president without the confirmation of the National Assembly were illegal, unconstitutional and void.
The court further held that Section 18 (1) and (2) of the Armed Forces Act, Cap. A.20, Laws of the Federation of Nigeria, 2004, was 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.
It was the position of the court that by the combined interpretation of the provisions of Section 218 of the 1999 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 president could not appoint the service chiefs without the confirmation of the National Assembly first sought and obtained.
Keyamo had in the suit urged the court to determine among others; 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 first defendant could appoint the service chiefs of the federation, namely, (a) Chief of Air Staff (b) Chief of Army Staff and (c) Chief of Naval Staff, (that is, the third, fourth and fifth defendants who were appointed as such) without the confirmation of the National Assembly first sought and obtained.
Whether Section 18 (1) and (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.
The court answered both questions in favour of Mr. Festus Keyamo and granted the following orders: “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.
“An order restraining the president from further appointing service chiefs for the federation without first obtaining the confirmation of the National Assembly.”
… It’s beauty of rule of law –Fred Agbaje
By AKEEB ALARAPE
Lagos lawyer, Chief Fred Agbaje, yesterday described the sack of service chiefs as the beauty of the rule of law and one of the fundamental advantages of democracy over military rule. Agbaje, however, took a swipe on the National Assembly for not rising to their constitutional oversight duty by taming the excesses of the executive arm of government.
The renowned lawyer, who was reacting to the sack of service chiefs by a Federal High Court, sitting in Abuja, yesterday, said members of the National Assembly were only interested in things that would ‘add value to their personal aggrandizement’.
“The judgment is the beauty of the rule of law and one of the fundamental advantages of democracy over military government. It is clearly showing that under democratic dispensation, the president cannot embark on a one-man show by acting alone, particularly when the constitution asked that the National Assembly should play a consultative role or that certain appointments should go to the National Assembly before being confirmed by the president and this was not carried out. Whatever the resultant action of the president is, it is unconstitutional. And that is what the court has done.
“When the military were there, they could appoint any idiot or goat as service chief without anybody querying them. But under the present democratic government, the National Assembly has a contributory role. “It is regrettable that the type of the National Assembly we have is not the type that is actually interested in deepening democracy and ensuring that the Nigerian electorate are protected.
Anything that does not add value to the personal aggrandizement of members of the National Assembly is never their business; they turn blind eye to it. This is why we see a lot of constitutional iniquities being committed by the executive arm of government and that is why there is unabated and uncontrollable corruption in the country. “The National Assembly had since abandoned its constitutional oversight duty.
What they are interesting in is anything that will further enhance their salary. Anything short of that is none of their business. That judgment should wake them up now. Otherwise, if a citizen had not gone to court to assert what the constitution says that is how the impunity would have been committed.
“The National Assembly has surreptitiously and perfectly encouraged the culture of impunity in this country and this is not good for our democracy,” Agbaje said.