I didn’t violate constitution in appointing new service chiefs – Buhari
*Writes Senate President for confirmation of appointments
KAMARUDEEN OGUNDELE and TUNDE OPALANA, Abuja
President Muhammadu Buhari has denied violating the Constitution in the appointment of the new service chiefs.
He said he only acted under exigency in the interest of the nation as a precedent has been set.
The president disclosed that he had already written the National Assembly, seeking the confirmation of the newly appointed service chiefs by the Senate as required by law.
He spoke through his Senior Special Assistant on National Assembly (Senate), Senator Babajide Omoworare, on Friday.
The president had on Tuesday appointed new service chiefs after accepting the resignation and retirement from service of the former chiefs.
The newly appointed are Major General Lucky Irabor (Chief of Defence Staff), Major General Ibrahim Attahiru (Chief of Army Staff), Rear Admiral Awwal Gambo (Chief of Naval Staff) and Air Vice Marshal Isiaka Amao as Chief of Air Staff.
However, there had been criticisms that the president bypassed the National Assembly in the appointment.
But, Omoworare in a press release made available to journalists, said the President had in a January 27 letter to the Senate President, Ahmed Lawan, sought the confirmation of the appointments in furtherance of section 18 (1) of the Armed Forces Act Cap. A.20 Laws of the Federation of Nigeria.
READ ALSO: Buhari Seeks NASS Confirmation of Service Chiefs
According to him, there is nothing new in the procedure followed by the president as a precedent has been set.
He said, “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 nominations 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.”
