Senate To Approve Service Chiefs' Appointment

Nnamdi Felix / Abuja

A Nigerian Federal High Court siting in Abuja on Monday restrained Nigerian Presidents from appointing service chiefs without the approval of the Senate.

The decision of the court was delivered in a suit instituted by Mr. Festus Keyamo in 2008 wherein he challenged the powers of the President of the Federal Republic of Nigeria to appoint military service chiefs of the federation without the approval of the Nigerian senate, an action the court, presided over by Justice Adamu Bello, had declared unconstitutional, illegal, null and void and restrained the President from further appointing them without the approval of the Senate.

Keyamo had approached the court following the appointment of service chiefs by late President Umar Musa Yar’Adua within his first year of assuming leadership of the country after his election at the 2007 Presidential election.

The human rights lawyer had dragged the Attorney General and Minister of Justice alongside all the service chiefs before the court 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.

The judge agreed with Keyamo and resolved the issues in his favour as it made an order making it mandatory for the President to seek and obtain the approval of the National Assembly in the appointment of service chiefs failure of which the appointment becomes illegal, unconstitutional and void.

Furthermore, the court 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.

The court however declined the third leg of Keyamo’s reliefs where he asked the court to order the service chiefs appointed by the late President to vacate their offices noting that the relief had been overtaken by event as none of them is still in service.