Court Nullifies Appointment Of Service Chiefs

A Federal High Court sitting in Abuja on Monday has declared the appointment of all service chiefs as illegal, unconstitutional, null and void.

The service chiefs are the heads of the three major security arms of the nation, namely, the  Chief of Air Staff, Chief of Army Staff and  Chief of Naval Staff.

The court also gave an order restraining President Goodluck Jonathan  from further appointing service chiefs without due approval from the Senate.

A Lagos-based lawyer and human right activist, Festus Keyamo had in 2008 approached the court seeking for an order to void the appointment of the said service chiefs.

Joined as defendants in the suit are President of the Federal Republic of Nigeria, the Attorney-General of the Federation and all the Service Chiefs.

Keyamo had asked the court 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 Service Chiefs of the Federation without the confirmation of the National Assembly first sought and obtained.

He also asked whether by 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.

When the matter came up on Monday, the presiding judge, Justice Adamu Bello held 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.

 He 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 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.

Justice Bello however made an order restraining the president from further appointing service chiefs for the federation without first obtaining the confirmation of the National Assembly.