"Pre Buhari Only Nominates Service Chiefs And Did Not Appoint Them" -Femi Falana Clears Air

Date: 28-01-2021 8:07 am (4 months ago) | Author: onuigbo felicia
- at 28-01-2021 08:07 AM (4 months ago)
Online (f)

Human Rights Lawyer, Femi Falana (SAN), has declared President Muhammadu Buhari’s appointment of new service chiefs as illegal and unconstitutional.

Buhari appointed new service chiefs on Tuesday following the resignation of the former officers.

But Falana, in a statement he personally signed on Wednesday, quoted a 2013 judgment which described such appointments without the concurrence of the National Assembly as illegal and unconstitutional.

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

Quote
“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.

Falana pointed out that the Federal Government did not challenge any aspect of the judgment at the Court of Appeal having acknowledged it as sound and unimpeachable.

He explained that the judgment was binding on all authorities and persons in Nigeria in accordance with the provisions of section 287 of the Constitution.

The senior lawyer asked President Buhari to send the names he had selected to both chambers of the National Assembly for confirmation.

Buhari has received a lot of commendation from Nigerians for summoning up the courage to sack the former service chiefs who many Nigerians believed had lost the ideas to tackle insecurity in the country.

Notably, Olusegun Bamgbose, chieftain of the New Nigerian Peoples Party, NNPP, had described the dismissal of the former security heads as the best decision taken by President Muhammadu Buhari in his five years in office.

The new service chiefs, as DAILY POST had earlier reported, are: Major-General Leo Irabor as Chief of Defence Staff; Air Vice Marshal Isiaka Oladayo Amao as Chief of Air Staff; Rear Admiral Awwal Zubairu Gambo as Chief of Naval Staff; and General Ibrahim Attahiru as Chief of Army Staff.

Meanwhile, Femi Adesina, the President’s Spokesman, said that his principal felt it was the best time to remove the service chiefs and appoint new ones.

According to Adesina, “the President knew the time to do it and I believe the time has come and that is why it has been done.”

He added that the service chiefs did not resign as a result of a number of security failures under their tenure.

Posted: at 28-01-2021 08:07 AM (4 months ago) | Hero
- Ola1966 at 28-01-2021 08:26 AM (4 months ago)
Online (m)
Seems this man has a brain wave...
Posted: at 28-01-2021 08:26 AM (4 months ago) | Newbie
Reply
- gogoman at 28-01-2021 02:55 PM (4 months ago)
(m)
na book u still dey read...
Posted: at 28-01-2021 02:55 PM (4 months ago) | Addicted Hero
Reply

fire TRENDING GISTS fire

TODAY'S TOP
  1. BBN REUNION: "Prince Family Embarrassed Me Over My Relationship With Him" – Tolanibaj Speaks

  2. Roruba Nation: Lagos Police Vows To React Over Sunday Igboho's Rally In The State

  3. Prophet Jeremiah Challenges Billionaire Pastors, Urges Them To Help Nigerians In Difficult Time

  4. Tension On The Rise Again as Suspected Gunmen Kill Businessman in Ibadan

  5. I Didnt Know I Was Pregnant Till After 5 Months - Wizkid's First Babymama Shola Ogudu

  6. BBNaija's Nina Ivy's Husband Reacts to her Decision to Get Her Butt Enlarged

  7. Mercy Aigbe's Ex Husband, Lanre Gentry Reveals Plans to Tie The Knot With His Lover

  8. Four Chinese Workers Who Were Abducted in Ogun Finally Regain Freedom After Paying Ransom

  9. More Feud In BBN Reunion Show As Tolani Baj & Vee Caught In A Hit Argument Over Neo

  10. BREAKING: Nigeria Set To Deploy 5G Technology In The Country

  11. Oyo State Gov, Makinde Inaugurates Amotekun Board Over Rising Insecurity

  12. Lagos State Govt Releases New Set of Traffic Laws, Offences And The Penalties

  13. 7 Year Old Usman Abubakar Found With His Hand Chopped Off By an Unknown Person in Kwara

  14. Former Cote D’Ivoire President, Laurent Gbagbo, 76, Sets To End 30-Year Marriage With Wife


THIS WEEK
  1. How Side Chic Drugged & Stabbed Super TV CEO, Michael Usifo Ataga To Death In Lagos

  2. Moment Sport Journalist, Paola Ferrari Flashed Her Private Part on Live TV (Video)

  3. 38-Year-old Nollywood Actor, Mike Omoruyi Arrested With Guns In Delta (Photo)

  4. Nollywood Actress, Ini Edo's Ex-hubby, Philip Ehiagwina Remarries For The Third Time (Photos)

  5. Video: Watch Moment Dora Went Down on Brighto

  6. Video: The Moment A Nigerian Mother Caught Daughter Making Out With A Man In Their Compound

  7. Ebuka Arrested With 5 Wraps of Heroine Hidden in His Anus While Returning To Nigeria

  8. He Just Got Visa To Travel To US To See His Wife & Newborn Twins - Brother Of Slain Ramon Azeez

  9. Former England Striker, Michael Owen Begged Former Big Brother Housemate For Nud3 Pictures

  10. BBNAIJA REUNION: Ex-Housemates Performed Oral Sex In Big Brother House - Wathoni


TOP MEMBERS: