Court Declares Exclusive Appointment Of Service Chiefs By President Illegal

By SaharaReporters, New York

The Federal High Court today sitting in Abuja and presided over by Hon. Justice Adamu Bello has declared the appointment of 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 decision is sequel to a case instituted in 2008 by Mr. Festus Keyamo against the President, and restates the power dynamics between the executive and the legislature.

A statement from Festus Keyamo Chambers recalled that Mr. Keyamo had asked the court to pronounce on:

•    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 Chief of Air Staff, the Chief of Army Staff, and the Chief of Naval Staff without the confirmation of the National Assembly sought and obtained, and

•    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 also declared 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 of 1999, and that the President, may, by order, modify its text, to bring it into conformity with the provisions of the constitution.

It further restrained the President from further appointing Service Chiefs for the Federation without first obtaining the confirmation of the National Assembly.

The pronouncement by the court is a huge professional and political victory for Mr. Keyamo, providing a much-needed boost to the rule of law in the country and inflicting an important dent on the arrogance of the executive.  It also challenges the legislature, which under the Peoples Democratic Party tends to act as an extension of the executive, to stand up for itself and implement the constitution in both letter and spirit.
 

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@Gomsuk all your long english

@Gomsuk all your long english is not necessary. The lawyer is only asking for the constitution to be followed and thats all. It has nothing to do with this or that person. Are you saying the president should send them for approval to NASS? Then let the constitution be amended - period but all long as there is no amendment, let whosoever occupies that seat respect and follow the constitution that made him the president.

RE: WHY ARE MINISTERS & APPOINTEES APPROVED BY SENATE BY TAKE ..

you spoke well but ended with your hatred sentiments of the North. Please go back and check very well, english language shouldnt be the yardstick but how well you can administer as a minister. Check other ministers with open EFCC cases. Lets be objective and rational in our comments but so long as we continue with OUR own THEIR own, we should just forget it.

My good friend, it appears

My good friend, it appears you don't get it right. This case was not against GEJ but, against the presidency so whether he was the president in 2008 or not, its in material.

Mr Keyamo

Well-done Mr Keyamo. That is a gallant battle won for all Nigerians. Hopefully people will learn from this judgement and not behave as those living in a Banana Republic. I salute you.

@tundemash: There u go again with ur OPC Paint Brush

Mr.Intellectual Faker, there u go again trying to color me fasely with your OPC paint brush. Haba!ejor, fimisile n take my name outta ya mouf. u r hurting so bad and peddling falsehood will not bring succour ur way during this time

Check SR archives, despite Dino's personal shortcomings, I have always supported his anti-corruption crusades,gbam!

Go n sort out urself and try focus on points raisd in d article under discourse.

Epele

WHAT IS THE POSITION OF LAW ON MADAM AROMA OF SEC

Budget or no Budget, fund or no fund, clamoring for Aroma ette's removal or not, GEJ is still adamant. Please our learned Mr Kenyamo, kindly assist us. Nigerians are confuse.

@ tundemash: Request for further education

@ tundemash
Hi, Tunde, thanks for your elucidating ad hominem reaction to my post. That is well noted; but it was not fully digested. You realize we are all here to learn or pick up some good bits and pieces from time to time (at least this applies to me), so I'd like you to explain further the meaning of this expression: 'educated illiterates'. Your explanation would further enhance my understanding of your invective and thus bring me out of the biological specie of monkeys you have consigned me to. You may go further to show me the ranking of 'illiterates' so that I see how I come out worse off in that ranking. But if I should exercise my 'monkey' sense, you shall see that your 'correction' still conforms to something which inexorably agrees that the litigation in question is just academic; that you have unwittingly brought out clearly.

Festus Keyamo good for the Senate

Festus Keyamo has certainly done well. The Senate need such intelligent and fearless professionals to contribute to our law making system. Forget the Governorship and go to the Senate to do what you are good at - interpreting our laws and checking the excesses of the executive. Delta Central people should please consider and support this their son after the burial of our Great son, Late Senator Pius Ewherido. May his gentle soul Rest in Peace

Keyamo : Material for Senate

As we mourn the loss of our great, brillant and eloquent Senator Pius Ewherido, may his soul rest in peace. Almighty God support his wife and children. As a mark or respect, the people of delta central should mourn his death for 60 days and at this same time get a very suitable candidate to continue his good work in the Senate when bye-election comes. They must not allow the so-called Senator in waiting from Mosogar to represent them. The likes of Festus Keyamo will be a better person. How una siam ?

Jonathan did not become president in 2008-

What has Jonathan got to do with a case-which Keyamo who who hates Gej like mad-got to do with a case he instituted in 2008-when Jonah was not even the president of the FRN? Now the verdict has just been given--Unaware that he is just giving more powers to the fulanis cause promotion to head the Armed forces is based on seniority-period and not qualification or the number of PHDs one has-Keyamo is only playing games with the fulanis-in the senate and the house-we have not developed to the point of not having our own loyalist head the armed forces--we also saw what happened when the fulanis swore they will be able to end the boko haram war-if only one of their own is appointed! hence the move to have Dasuki hired as the NSA-has he been able to reduce d killings by boko haram in d fulani north after they the fulanis demanded d sack of late Azazi-whether d house or Senate approves it-or not-its d same ten and ten pence! D fulanis will still be on top-

EXECUTIVE APPOINTMENTS

Bravo! Thank you Keyamo and Mr. Justice Adamu Bello for this landmark judgement. But the law has to go further to ensure that nominees are properly grilled/ interviewed to ascertain their qualification, suitability, mental alertness and readiness for the offices or portfolios to be asigned to them. No more " Take a bow" or "Federal Character" nonsense. The President while "balancing" these appointments must attach specific portfolios to each nominee to ensure that round pegs are placed in round holes for uptimum results. The current practice is a dis-service and a drain to this nation. Also, those with pending matters with the law even if wrongly accused, no matter their qualifications, sponsors or standing in the society must first clear their names before taking up public appointments.
Thank you.

Danboyik Gomsuk Is Wrong

Danboyik Gomsuk is obviously lost in his reasoning. What the Justice Adamu Bello ruling says is that, Yes, Jonathan has the right to appoint service chiefs, but like Ministers and Ambassadors, he must seek first the legislative confirmation from the National Assembly. This is not an academic exercise. It is rather a big plus for our democracy. It is also a reminder to Jonathan that any appointments whose salaries will be paid from public coffers must pass through the national assembly in conformity with the due process law as a confirmation, otherwise, where will Jonathan take money to pay them if this was not done. What the ruling has also confirmed is that those service chiefs have been there illegally all the while. Gomsuk should examine his head properly and maybe next time read news items properly before radiating his thoughts. Once again, this is victory for democracy.

Illiteracy and Ignorance: the bane of Nigerians

But for the fact that I have not seen the details of the of the said judgment, I would have been tempted to insult the Judge. Now my anger and contempt go to both Sahara mis-reporters and the illiterate bunch of commentators who do not care to confirm from the constitution what is stated in section 218 before rushing to comment. Nothing in this section or any other section of the constitution suggests that the appointment of service chiefs by the President is subject to approval by the National Assembly. Be enlightened please.

Illiteracy and Ignorance: the bane of Nigerians

But for the fact that I have not seen the details of the of the said judgment, I would have been tempted to insult the Judge. Now my anger and contempt go to both Sahara mis-reporters and the illiterate bunch of commentators who do not care to confirm from the constitution what is stated in section 218 before rushing to comment. Nothing in this section or any other section of the constitution suggests that the appointment of service chiefs by the President is subject to approval by the National Assembly. Be enlightened please.

Senate?

Do we have a legislative branch? As long as the executive pads their pockets they could careless about their constitutional responsibilities. When was the last time they passed a law that would positively change and impact the society for good. But for laws concerning their pockets great.

WHY MENTIONING GOODLUCK?

People are busy blaming Goodluck for not doing so but forget that rules are meant to be obeyed whether Good luck, yardua, obasanjo shagari etc these are the democratic ruled people who among them sent it to the national assembly and remember Good luck might not be there tomorrow and whosoever become president must obey the judgement.

.

ccccc

APPOINTING OFFICIALS WITH CRIMINAL RECORDS OR ARREST

Why didn't the court also force Mr.President not to appoint any official with criminal records or pending criminal cases?
1. Minister of Education arrested by EFCC case stil open.
2. Minister of labour has cases at EFCC still open
3. President spokeman's- Dr. Okupe cases at EFCC still open
4. Minister of state for educationb Barr. Wike has EFCC case still open
5. 90% of NASS have cases from police to EFCC still open. OBJ called NASS thieves-he was right
6. Current Service Chiefs are beneficiaries or involve in oil theft. How can any ship enter and leave Nigeria and none of the armed forces not see it? Many Jonathan Ministers have EFCC cases

Re: Constitution is supreme

Another step towards sanity...Now, GEJ must do the right thing by sending the name of current chiefs to Senate for approval. The Senate must not rubber stamp this selection but must question the nominees on JTF's action in Baga and the strategy employed to fight Boko-Haram...The Senate must press the security chief and find out if they have a 21st century plan for combating terrorist.

Senate committee on arm forces must schedule an hearing immediately and take their job seriously. For senate to have remained silence while GEJ violate the constitution is a travesty in my view.

@Danboyi

My friend we are talking about the law not whether those appointed are saints or devils. A young Nigerian did a commendable thing and we still have dumbs coming on SR to say what is irrelevant to the issue. We have what are called bad laws but they are laws so should be obeyed that is the way civilised people live in a country. Use your head when reacting to issues not sentiment.

APPOINTMENTS ARE BASED ON HOW MUCH ONE CAN PAY

WHAT DIFFERENCE DOES IT MAKE to FORCE THE PRESIDENT to SUBMIT TO SENATE SERVICE CHIEFS APPOINTMENTS? THE PROCESS WOULD BE THE SAME.
PROCESS:
1. OFFICE IS FIRST ZONED IRRESPECTIVE OF COMPETENCE
2. POLITICIAN FINDS A CANDIDATE HE CAN CONTROL
3. NAME SUBMITTED TO PRESIDENT, PRESIDENT ACCEPTS
4. THROUGH S.A. OF PRESIDENT TO SENATE THE PRICE TO APPROVE REQUESTED BY SENATE
5. GHANA MUST GO IS DROPPED AT THE SENATE FOR SHARING
6. CANDIDATE COMES INTO SENATE FOR SCREENING AND APPROVAL ON THE SPOT. NO QUESTIONS ASKED, TWO MINUTES LATER, SCREENING AND "TAKE A BOW" COMPLETED, AND CANDIDATE APPROVED.
TEN DAYS LATER SR PUBLISHES THE CRIMINAL RECORDS OF APPROVED CANDIDATE AT EFCC, PRESIDENCY LOOKS THE OTHER WAY, SENATE PLAYS DUMB, NIGERIANS CRY.

WHY ARE MINISTERS & APPOINTEES APPROVED BY SENATE BY TAKE A BOW?

IT IS ONLY IN NIGERIA WHERE AN IGRATE IS ASKED TO TAKE ABOW AND OCCUPY AN OFFICE THAT HE OR SHE HAS ZERO KNOWLEDGE. SENATE HAS AN OBLIGATION TO KNOW ASK APPOINTEES ABOUT THEIR QUALIFICATIONS. APPOINTMENTS ARE ZONED PRODUCE IMBECILE MINISTERS. THE SENATE IS A RUBBER STAMP ZOMBIES, ONCE THEY RECEIVE THEIR CONFIRMATION PAYMENTS FROM PRESIDENCY,EVEN A MADE MAN WILL TAKE A BOW BEFORE THEM. THAT IS KEY REASON NIGERIA IS DYSFUNCTIONAL. TAKE A ROLL CALL OF ALL THE MINISTER-IMAGINE MINISTER OF EDUCATION A PROF THAT CAN'T SPEAK ENGLISH OR HAS ACCENT THAT SOUNDS LIKE FALLEN ROCK.IS SHE A NIGERIAN? WHERE DID SHE GET HER DEGREES PLEASE? IMAGINE MINISTERS OF ENVIRONMENT, WOMEN AFFAIR AND HOST OF THEM ESPECIALLY FROM THE NORTH WITH TERRIBLE COMMAND OF ENGLISH LANGUAGE.

MR KEYAMO, A GOOD TRY, BUT SORRY RULE OF LAW IS ALIEN TO NIGERIA

Mr Keyamo, I salute your effort. But as you know, that is all there is to it - just an effort. I am sure you know that all those you challenged in court must be somewhere laughing at you and the judge. You know that the rule of law is alien to Nigeria and Nigerians from the presidency to the street man or woman. Nigeria is the only country in the world that has written or revised its constituion so many times. Yet no one - not even the president - has any regard for it. They all pay lip service to it and see it merely as a collection of meaningless legal jargons. Maybe your tribesmen will recognise your efforts, give you a chieftaincy tile and vote you into the national assembly the next time around so you can go in and chop like others. It will be a tall wish to think that any of those people will take the judgement seriously. Again a good try. But it's a waste of time in the place called Nigeria.

@Danboyi Gomsuk: Re: An academic exercise!

@Danboyi Gomsuk

People like you are educated illiterates and are worse off that the illiterates ?

The issue is what the constitution says which is quoted clearly in the report and the court further said "the President, may, by order, modify its text, to bring it into conformity with the provisions of the constitution.". Until the relevant part of the constitution is amended, the action of the President is unconstitutional. Mr. Educated Illiterate, this is a democratic dispensation not military like the days of Buhari, IBB and Abacha so the President being C-in-C also has limited powers! Go check the way this is practiced in the USA whose system you are copying anyway !
We need more of Keyamo and less of monkeys like you !

Well done Kayamo !!!

Nice one Keyamo, I am certain a lot of the PDP apologists would have insulted you far back in 2008 when you instituted this suit.This shows no matter how long, truth would catch up with lies some day; daylight would overcome darkness some day; and some day we will get rid of the PDP rogues starting with the Clown in power now !

Pastor Tunde Bakare and Dino Menaye are being abused and called names by the GEJ crumbies on this site these days now, some day in the future, their efforts will be appreciated and their names will be written in gold while the usual crumbies deri, Oleku, akpos1, OC, 6"5'G midget omoBendel, frankwilliams, khumalo will have their names consigned to the dustbin of history. Where are the Arthur Nzeribes and Daniel Kanus ?

quite unfortunate!

This means nothing in Nigeria, sorry SR and mr. keyamo. Although we appreciate ur hardwork!

Thanks Keyamo!

Mr. Keyamo, I do not know you, but thank you. If we had several like you that would challenge all these ultra vires exercise of power by the Executive (Federal and States), our country would be on a course.

Mr keyamo welldone.Everyone

Mr keyamo welldone.Everyone can testify you did this to deepen democracy and the rule of law not for your personal gain.we await your return to lagos to celebrate rule of law day! Good.

Standing upright for justice

Evil only triumphs when good men do nothing

Good

This is good for our democracy.

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