Home News Appointments of new service chiefs illegal, unconstitutional- Falana

Appointments of new service chiefs illegal, unconstitutional- Falana

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Renowned human rights activist and legal practitioner, Femi Falana (SAN), has faulted the appointments of the four security chiefs.

He noted that as far as the constitution is concerned, President Muhammadu Buhari’s appointment of new service chiefs Is illegal.

Falana in a statement he released on Wednesday, made reference to a 2013 judgment which described such appointments without the approval of the National Assembly as unconstitutional.

For this reason, Falana said that Buhari only nominated the service chiefs and did not appoint them.

“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 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.