President Muhammadu Buhari has written to the National Assembly, asking it to confirm the appointment of new service chiefs.

This is according to a statement signed by the Special Adviser to the President on National Assembly Matters (Senate), Babajide Omoworare, Mr Buhari’s letter to Senate President Ahmad Lawan was dated January 27.

The decision comes two days after a coalition led by human rights lawyer, Femi Falana, described the appointment of service chiefs by the president as illegal without recourse to the lawmaking arm.

The new service chief most of whom have assumed duties includes: Lucky Irabor, a major general, as the Chief of Defense Staff, brahim Attahiru, a major general, as Chief of Army Staff, Auwal Gambo, a rear admiral, as Chief of Naval Staff and Isyaka Amao, an air vice marshal, as Chief of Air Staff.

Read the full statement by Mr Omoworare below.

Also Read:

PDP speaks on corruption poor ranking, urges Buhari, APC to return stolen 15trillion
January 29, 2021
Poor Ranking: Hail Buhari for kicking out corruption in public service, Presidency tells Nigerians
January 29, 2021
BUHARI SEEKS NATIONAL ASSEMBLY’S CONFIRMATION OF SERVICE CHIEFS.

President Muhammadu Buhari has communicated the appointment of the Service Chiefs to the National Assembly and has sought for the confirmation of the said appointment by the Senate through his letter to the Senate President dated 27th January 2021. This was done in furtherance of Section 18 (1) of the Armed Forces Act Cap. A.20 Laws of the Federation of Nigeria.

Contrary to fears expressed in some quarters that President Muhammadu Buhari has “bypassed” the National Assembly in the process of appointment of the Service Chiefs and that he has no intention of seeking consideration and confirmation of their appointment, Mr. President upon nomination for appointment sought confirmation of the Senate for the appointment of Major General Lucky Irabor, Major General Ibrahim Attahiru, Rear Admiral Awwal Gambo and Air Vice Marshal Isiaka Amao as Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff and Chief of Air Staff respectively, vide his aforementioned letter.

It is on record that this same procedure was adopted when the immediate past Service Chiefs were appointed. Upon announcement of the appointment of the then Service Chiefs – Major General Abayomi Olonisakin (Chief of Defence Staff), Major General Tukur Buratai (Chief of Army Staff), Rear Admiral Ibok-Efe Ibas (Chief of Naval Staff) and Air Vice Marshal Sadique Abubakar (Chief of Air Staff), Mr. President had written the 8th Senate on 14th July 2015 for confirmation. Whilst the correspondence was read on the floor of the Senate on 28th July 2015, consideration and confirmation of the appointments was carried out at the Committee of the Whole on 4th August 2015

It will be recalled that the National Assembly will only resume plenary sessions on 9th February 2021 when hopefully Mr. President’s communication for consideration and confirmation of the nomination for appointment of the Service Chiefs would be undertaken.

Before this administration, confirmation of Service Chiefs were not sought and obtained from the National Assembly in consonance with the provisions of Section 18 (1) of the Armed Forces Act Cap. A.20 LFN. We are aware that in Keyamo Vs. President & Ors, the Federal High Court set aside the Armed Forces Modification Order 2008 (purportedly made under Section 315 [2) of the Constitution) on 1st July 2013 and ruled that the confirmation of the National Assembly must be sought for the appointment of the Service Chiefs. We are in compliance with the spirit and letters of both the statute and case law.

Signed:
Senator Babajide Omoworare
(ssa-p/nass/senate)
Friday, January 29, 2021

Ogilinsaka:
I never believed Buhari is dead and replaced by a clone until now

So he is writing NASS now after the public uproar of outright assignment of security chiefs without confirmation?

We don really suffer for this country

Dansuqi:


Buhari dun fall my hands.he does not need senate confirmation for this.very soon,buhari will need senate confirmation to go to toilet.the constitution is clear,senate confirmation is not needed.cc fergie001,kahal,ejimatic

fergie001:

As of today, January 29, 2021......

Chapter 8 Section 315 of the 1999 Constitution, Section 18(1) and (2) of the Armed Forces Act 2004 and Section 218 of the 1999 Constitution are the sections that are directly in focus.

Section 218 (2)
The powers ....... conferred on the President to appoint the CDS, COAS, CNS, CAS or any other branch of the Armed Forces as established by an Act of the National Assembly.

Act of National Assembly
An Act of Parliament is a form of legislation that is passed by both House of Parliament that is, the House of Representatives and the Senate, with an objective to create a new law or to change an existing law.

From here, you can see the National Assembly has no business with any confirmation.

Again, Section 18 (1) and (2) of the Armed Forces Act
18. (1) The President, may, after consultation with the Chief of Defence Staff and subject to confirmation by the National Assembly, appoint such officers (in this Act referred to as “the Service Chiefs”) as he thinks fit, in whom the command of the Army, Navy and Air Force, as the case may be, and their Reserves shall be vested.

(2) The Service Chief shall be known—

(a) in the case of the Nigerian Army, as the Chief of Army Staff;

(b) in the case of the Nigerian Navy, as the Chief of Navy Staff; and

(c) in the case of the Air Force, as the Chief of Air Staff.

You can see here that the National Assembly must confirm all the Service Chiefs, excepting the Chief of Defence Staff.

Section 315 (8
Nothing in this Constitution shall be construed (i.e. interpreted wrongly, "emphasis is mine" ) as affecting the power of a Court of law or tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any other law, that is to say -
1. Any other existing law
2. Law of a House of Assembly
3. Act of the National Assembly
4. Provision of this Constitution

The court judgement in 2013 hasn't been appealed.

Festus Keyamo v President of the Federal Republic of Nigeria is the standing Law.

The letter will include all the Service Chiefs excepting CDS Lee Irabor.

Dansuqi:

Wow,I love your argument.but you know the armed forces act is an inferior act that cannot override the constitution.the constitution clearly does not want the service chiefs to get senate confirmation if not they would have said so expressly.infact,the intendment of that section is also to the effect that no law can change this except a direct amendment of that section.even a court order cannot override the constitution except of the supreme court.
I am very sure that that that section in the forces act will be repealed if it gets to the apex court.it amounts to legislative usurpation of executive powers

fergie001:

As of today, January 29, 2021......

Chapter 8 Section 315 of the 1999 Constitution, Section 18(1) and (2) of the Armed Forces Act 2004 and Section 218 of the 1999 Constitution are the sections that are directly in focus.

Section 218 (2)
The powers ....... conferred on the President to appoint the CDS, COAS, CNS, CAS or any other branch of the Armed Forces as established by an Act of the National Assembly.

Act of National Assembly
An Act of Parliament is a form of legislation that is passed by both House of Parliament that is, the House of Representatives and the Senate, with an objective to create a new law or to change an existing law.

From here, you can see the National Assembly has no business with any confirmation.

Again, Section 18 (1) and (2) of the Armed Forces Act
18. (1) The President, may, after consultation
Names with the Chief of Defence Staff and subject to confirmation by the National Assembly, appoint such officers (in this Act referred to as “the Service Chiefs”) as he thinks fit, in whom the command of the Army, Navy and Air Force, as the case may be, and their Reserves shall be vested.Names have been sent yo the

(2) The Service Chief shall be known—

(a) in the case of the Nigerian Army, as the Chief of Army Staff;

(b) in the case of the Nigerian Navy, as the Chief of Navy Staff; and

(c) in the case of the Air Force, as the Chief of Air Staff.

You can see here that the National Assembly must confirm all the Service Chiefs, excepting the Chief of Defence Staff.

Section 315 (8
Nothing in this Constitution shall be construed (i.e. interpreted wrongly, "emphasis is mine" ) as affecting the power of a Court of law or tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any other law, that is to say -
1. Any other existing law
2. Law of a House of Assembly
3. Act of the National Assembly
4. Provision of this Constitution

The court judgement in 2013 hasn't been appealed.

Festus Keyamo v President of the Federal Republic of Nigeria is the standing Law.

The letter will include all the Service Chiefs excepting CDS Lee Irabor.

ejimatic:
Names have been sent to the Hose today for a formality approval..

fergie001:

I totally agree that the Constitution is superior to any other, but since the Court had ruled, it has to stay.

Once it gets to the Supreme Court and they feel otherwise....that proviso will be taken out.


It is a reminder of Justice G O K Oyewole's judgement on Section 140(2) and 141 of the Electoral Act, that holds on until today.
https://www.nairaland.com/2720972/clarification-section-140-2-141#39789493

Dansuqi:



That justice oyewole landmark judgment is even similar to this case.justice oyewole clearly complained that that amendment by the nass is an attempt to usurp judicial powers as given to them by the constitution....it is an established fact that anything provided by the constitution cannot be amended by a mere act but by a direct amendment of the constitution.for instance,you cannot remove manual voting by merely amending the electoral act.it also reminds me of that section of the acja that was repealed for conflicting with the constitution which freed orji kalu

If the service chiefs or armed forces were not mentioned by the constitution just like the efcc,icpc or any other agency created by the constitution,then whatever the nass enacts can stand.

Now look at section 147,154,231,238 and 249 and compare it with section the disputed section 218,you will see the intendment of the drafters...
Just like kolawole said,it is an affront on the separation of powers and smacks of legislative tyranny and an attempt to bully the executive

fergie001:

The ratifications of the Judges, Ministers, Chairmen of Committees were well-articulated in the sections you quoted but "left a dark cloud" around the confirmation of members of the Armed Forces.

Looking at it again, I think the Honourable Justice Bello might just be right.

He had based his judgement on a community reading of Section 218 & the Armed Forces Act. Honestly, I don't see the inconsistency between both.

Anyways, he has sent the names, if they care.....they appeal.
Only Buhari can appeal the case, not even his AGF.
Will Buhari be interested? I think not.

Again, I still personally feel the the appointment of those in the Armed Forces should be insulated from the NA.....I will prefer the Council of States handle it.

Dansuqi:


A community reading of section 218,217 and 219 gave the president wide ranging powers as commander in chief while giving the nass powers to make or create an agency that ensures the appointment of service chiefs follows federal character.it also gave them powers to make laws governing the affairs of the members of the armed forces which ofcourse must not conflict with the constitution.the word "senate" was never used and senate is used when confirmation is needed throughout the constitution. Only ",national assembly was used" which is usually used when talking about an act.
Therefore,it is clear that the national assembly were intentionally prevented from the appointment process(am now sounding like renowned prof nwabueze).they can make any law or act but must not include them confirming service chiefs.subjecting them to nass confirmation opens them to vagaries of politics.
It is not every appointment that must be subjected to nass confirmation.this is legislative trespass which made gej take the nass to court in 2015.I also remember buhari vehemently opposing moves by nass to subject the appointment of IG to senate screening