>>>>>> The Editorial This Morning >>>>> TOPIC: The court judgement on service chiefs NEWSPAPER: The Sun Newspaper The recent nullification of the appointment of all the service chiefs in the country by the Federal High Court, Abuja Division, is instructive. It boldly underscores the fact that the president cannot lawfully appoint service chiefs without the express approval of the Senate. The judgement also highlighted the need for the president to always follow the due process of law in his appointments, as provided for in the Nigerian constitution. Obedience to the laws of the land is paramount, if the president is to avoid embarrassment of this nature. Presiding judge, Justice Adamu Bello, had on July 1 declared the appointment of the present service chiefs unconstitutional, illegal, null and void, in a suit filed by human rights lawyer, Mr. Festus Keyamo. The service chiefs are the Chief of Army Staff, Lt-Gen. Azubuike Ihejirika, Chief of Air Staff, Air Vice Marshal Alex Badeh and Chief of Naval Staff, Real Admiral Dele Ezeoba. This judgment is also a clear indictment of the National Assembly for its failure to enforce its constitutional right to perform oversight function with regard to the appointment of service chiefs, by approving the president’s nominees. The Senate’s failure to perform this function, either out of neglect or ignorance, made the president to operate above the law relating to the appointments. In this case, the lawmakers turned a blind eye to an obvious breach of the law on such sensitive appointments by the president. President Goodluck Jonathan ought to have obtained approval for these appointments from the National Assembly. Section 218 (2) of the Constitution which confers the power to appoint service chiefs on the president says this power will be exercised ‘as may be established by an Act of the National Assembly.” Sub-section (4) of this section states that “The National Assembly shall have power to make laws for the regulation of (b) the appointment, promotion and disciplinary control of members of the armed forces of the federation.” It is regrettable, therefore, that the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke, as chief legal adviser to the Government of the Federation, and the president’s legal aides, failed in their duty to advise the president properly. We commend Keyamo for putting up a strong and courageous fight to ensure that due process is adhered to in this matter. His effort in instituting the case for proper interpretation of the relevant sections of the constitution regarding the process for the appointment of service chiefs by the president, and the role of the National Assembly in such appointments, is laudable. Keyamo filed this suit against the president, the Attorney-General of the Federation and all the service chiefs in 2008. The relief sought by the plaintiff, Mr. Keyamo, is fundamental for our democracy. He asked the court to determine the correct and combined interpretation of the provisions of sections 218 and 219 of the Constitution and section 18 of the Armed Forces Act, Cap.A.20 Laws of the Federation, 2004. He also wanted to know whether these sections were in conformity with section 315(2) of the Constitution. The trial judge, Justice Bello, resolved all the issues in Keyamo’s favour and granted all the orders sought by the suit. This is a triumph for democracy and the rule of law. It could not have happened under a military regime. There is no doubting the fact that the president has the power to appoint service chiefs for the country. However, in the exercise of such powers, he needs the endorsement of the National Assembly. The implication of Justice Bello’s judgment is unmistakable. First, the president should re-present the names of the service chiefs for approval/ratification by the National Assembly. Otherwise, their appointments are null, void and of no effect, as pronounced by the court. Secondly, all key appointments by the president that require confirmation by the National Assembly must henceforth be presented to it for approval. In the present instance, it will serve the public interest and the image of the government better, if this judgement is accepted in good faith. The government must decline all entreaties to appeal against the decision of the court. The relevant sections of the Constitution on the nomination and confirmation of service chiefs are unambiguous on where the power of the President begins and stops, and where that of the legislature takes off. The path of honour in this matter is for the presidency to study the judgment carefully and do the needful: Go back to the Senate for its express approval of the appointment of the service chiefs. It takes candour and strength of character for a leader to acknowledge that a mistake has been made, and rectify it. Courtesy:The Sun Nigeria 09/07/2013
Posted on: Tue, 09 Jul 2013 08:48:47 +0000
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