Lawyer Faults Appointment Of Service Chiefs

By PETER-CLAVER EGBOCHUE

An Abuja-based legal practitioner, Chief S.A Awomolo has said that the recent appointment of new service chiefs without the confirmation of the National Assembly as required by the Constitution violated the Act of the National Assembly and the constitution.
In a press release signed by Chief S.A Awomolo and made available to Sunday Mirror, the legal luminary argued that Section 218 of the 1999 Constitution of the Federal Republic of Nigeria,  which provides that the National Assembly shall confirm the appointment made by the president and commander-in-chief of Nigeria was not followed. Awomolo said  Section 218 of the constitution states as follows: (i) The powers of the president as the Commander-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the federation. (ii) The powers conferred on the president by subsection (1) of this section shall include power to appoint the Chief of Defence Staff, the Chief of Army Staff, the Chief of Naval Staff, Chief of Air Staff and heads of any other branches of the armed forces of the federation as may be established by an Act of National Assembly. (iii) The president may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the armed forces of the federation his powers relating to the operational use of the armed forces of the federation.
(iv) The National Assembly shall have power to make laws for the regulation of: the powers exercisable by the president as Commander-in-Chief of the Armed Forces of the federation; and the appointment, promotion and disciplinary control of members of the armed forces of the federation.
He revealed that none of the offices mentioned above and to which the appointment were made by the president was established by the constitution but by an Act of the National Assembly.“The National Assembly under sub-section (4) of section 218 is expressly and mandatorily given the powers to make laws for the regulation of the powers exercisable by the president, under this constitution as Command-in-Chief”, he emphasized.