Human Rights Lawyer, Femi Falana (SAN), has declared President Muhammadu Buhari’s appointment of new service chiefs on Tuesday as illegal and unconstitutional and he quoted a 2008 case Keyamo v President Goodluck Jonathan (unreported Suit No FHC/ABJ/ CS/611/2008).
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.
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.
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.
“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.
From dailypost.
*I wonder what Mr Keyamo has to say concerning this now.......
I wonder why he even took government appointment instead continuing to criticise the government so that they do right,now he is dining with the people he used to fight,his silence is loud.
Keyamo is quiet now cause he's looting too. Makes me wonder that they critize to get attention . Bubu government doing as they like
ReplyDeleteStella, my love for you after reading your remark on this post increased over a hundred percent. Nigeria isn't a sane cline and I doubt if it will ever be.
ReplyDeleteClime dear
DeleteThank you sir Mr Falana for being the only Lawyer in Nigeria holding Mr President to account.
ReplyDeleteOur Senators and House of Reps.are brain dead and political robbers who are busy wasting our money on side chickenzzzz. Ndi ara.
Its not a problem. The ones in the National Assembly are puppets. All they just need is to hear the command to go ahead, and they will ask 'how far'...
ReplyDeleteNa wa..o
ReplyDeleteKeyamo's case is just baffling. I still don't understand why he took the appointment. Government of the depraved.
ReplyDeleteLovelace
mumu lovelace is keyamo on trial here? so keyamo should have made a statement after buharis announcement or what? is govt not to serve the people? is keyamo not doing his work as he should? nothing wrong in him accepting public office, it is what you do while in office that will tell how we judge you. i dont see what keyamos offence is here
DeleteIn the same statement, Falana said “nobody can tell any group to leave any part of Nigeria”. Stella abeg carry the whole statement. He is forming concern about service chiefs while betraying the cause of Sunday and MNK and SS and MB in asking killer Fulanis to go away from their farmlands. Btw I don’t care about army chiefs as they are all looters and Fulani herdsmen backers. I care about Fulani going into ondo villages and Enugu villages to rape and kill and “graze” their cattle on farms belonging to other folks.Even in the US, if you are not a citizen and commit some crimes like murder, you get jailed and deported after your term so don’t say nobody can expel any group. Groups have to conform to the norms and behaviors in their host community with respect for the culture of their host the way we do in northern Nigeria.
ReplyDeleteMr Falana, this isn’t the US. Have you read about all the murders and rapes and kidnapping for ransom by herdsmen of Fulani extraction? In the SW, SE, SS, MB? Are you aware that most Fulanis displaced Hausas and are from Senegal a place called Futa Jallon and took root in about 5 countries the same way they are taking over southern Nigeria?
Since you pretend to be travelled and enlightened, what is a ranch? A ranch is where cows are reared by cow businessmen, not feed cows free from someone else’s FARM BUSINESS and pocket the proceeds upon sale! As an Ekiti man, I’m not suprized at your lack of sophistication, we are all products of our background and exposure. Why speak from both sides of your mouth? I was born in Osun state but I can’t claim Osun. If your theory, & it is pure academic theory is true why haven’t we had an Igbo Emir or an Ogbomosho Emir? They have been in the north forever! .You want to be the governor of Ekiti State or the Attorney General so bad to accrue more money, like Fayemi who has forgotten his days of struggle in London and who was Fasoranti’s student at Christ school. The stomach and fancy trips are more powerful than true patriotism! You know that’s not how it works in Africa as my parents were born in another west African country and cannot claim the place.
So it’s ok to take govt to court for service chiefs but not talk about the evils being perpetrated by Fulani herdsmen all over the south? Some say like Keyamo you have changed from way back. I think you guys were always the same as Tinubu. You just used presence to become famous. It’s unfortunate. Gain Fawehinmi will turn in his grave to hear the gibberish Alana is speaking.
Btw why is the Yoruba faux intellectual “ruling looting” arm and their collaborators and spokesmen including Dele Momodu the AGIP Nigerian version of “ a noun, a verb and MKO”, (credit to Biden’s description of Mayor Guliani of NY 20 years ago), suddenly jittery that a real grassroots leader, a popular man who doesn’t need to bribe folks with N5000 to attend his rally listen to him has emerged? Is it his lack of college education? We don’t mind! He is genuine and authentic and cares for his people more than the ones who only care fir their Dubai trips and bank accounts. Mr Atalanta, if you don’t respect Chief Falae who was beaten by Fulani herdsmen at his age or Chief Fasoranti that Fulani herdsmen killed I’m sorry for you. I thought you went to Christ School where Fasoranti was a legendary principal but maybe your folks couldn’t get you into Ekiti’s most prestigious high school at that time. I digress, hopefully the enemies of peace will keep exposing themselves by their utterances with each passing day. Galant you have lost touch with the masses. Sunday has more support in yorubaland than all of you reactionary elements and sell outs combined.
Sorry for my typos. “Chief Fasoranti, whose daughter was killed by Fulani herdsmen”. Chief Fasoranti is still alive. He talked about abbatoir but an abbatoir is for killing cows already purchased not the same as a ranch that is part of the investment in the cattle rearing business.
DeleteMy typos. “Falana”, not Galant or Atalanta. Apple thinks it can read your mind and decipher what you want to type. Apologies
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