Court strips Office of the President of sole power to appoint Service Chiefs

Justice Adamu Bello of the Federal High
Court on Monday in Abuja, has ruled that
the appointment of Service Chiefs of the
federation by the president was
unconstitutional, illegal, null and void.
He therefore stripped the President of the
Federal Republic of Nigeria, the sole power
to appoint Military Heads. Henceforth, the
occupier of the office must seek the
approval of the Senate.
The court ruling was sequel to a case
instituted in 2008 by Festus Keyamo against
the office of the President.
A statement from Festus Keyamo’s
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 landmark pronouncement, which has
been widely applauded by legal experts,
restates the functions of the executive and
the legislature.