Court Declares Appointment of Service Chiefs Illegal
Monday, July 1, 2013
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The Federal High Court today sitting
in Abuja and presided over by Hon.
Justice Adamu Bello declared the
appointment of all Service Chiefs of the federation unconstitutional, illegal,
null and void and restrained the President from further appointing them without
the approval of the Senate.
The case was instituted in 2008 by Mr. Festus Keyamo against the
President of the Federal Republic of Nigeria, the Attorney-General of the
Federation and all the Service Chiefs. In the Suit No. FHC/ABJ/CS/611/2008, Mr.
Keyamo had sought a determination of the following questions:
1.
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, namely,
(a) The
Chief of Air Staff
(b) The
Chief of Army Staff and
(c) The Chief of Naval Staff,
(c) The Chief of Naval Staff,
(that is,
the 3rd, 4th & 5th Defendants who were
appointed as such) without the confirmation of the National Assembly first
sought and obtained.
2.
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 court answered both questions in
favour of Mr. Festus Keyamo and granted the following orders:
(1)
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.
(2)
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.
(3)
AN ORDER restraining the
President from further appointing Service Chiefs for the Federation without
first obtaining the confirmation of the National Assembly.
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