Femi Falana, a renewed lawyer and Senior Advocate of Nigeria(SAN), Leading his voice to the recent national development, has faulted the recent appointment of the newly appointed service chiefs, according to him is, “inchoate”
the revered lawyer, said in a statement that the president have only nominated the service chiefs, that they are not appointed because Buhari is yes to forward their names to national assembly.
Femi Falana, backed his submissions with a judgement which described the appointment of service in 2013, without the concurrence of the National Assembly as illegal and unconstitutional.
The statement read;
“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.
“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..,” the statement read.
“Because it was 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”.
Falana he advice the President Buhari to without delay forward the names of the proposed Service Chiefs to both houses of the National Assembly for confirmation.
he said failure to do so, means that the said appointments are liable to be set aside on the basis of the valid and subsisting judgment of the Federal High Court.
Another constitutional lawyer Ambrose Uduehi also faulted the president position on the appointment, he said, “the right thing has to be done, why should the President with all the legal adviser that beclouded him made such a constitutional blunder” He admonished the president to foward the names of the nominee to the appropriate institution’s for ratification.