The Presidency has refuted allegations making the rounds that President Muhammadu Buhari bypassed the National Assembly in the recent appointment of new service chiefs.
Some analysts and public commentators, including Femi Falana, SAN, after Buhari named the new Service Chiefs , had accused him of making the appointments without seeking legislative approval.
However, in a statement by Senior Special Assistant to the President on National Assembly Matters, Senator Babajide Omoworare, on Friday, the Presidency said Buhari had, through a letter to the Senate President, Senator Ahmad Lawan, communicated his action to the National Assembly on Wednesday.
According to the statement, the President sought consideration and confirmation of the appointments 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.
It, however, further pointed out because the National Assembly would not be in session until February 9, 2021 the official communication from the President had not been read to the Senate.
It cited the precedence of the process as it was in 2015, when the recently retired service chiefs were appointed.
“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 the 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 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,” the Presidency explained.
