Buhari can lawfully extend tenure of service chiefs ― Civil right lawyers
Following several calls for the removal of Service Chiefs across the country, some civil rights lawyers have stated that the president is at liberty to delay the retirement of any military chief whose services are still needed, warning that service chiefs should not be blamed or victimised because while calls for a change of guards in security apparatus suggests a failure on part of those in charge, there is a need to ask if really they have failed.
The lawyers led by Osuagwu Ugochukwu Esq and Ogboli Charles Esq, on Sunday stated that contrary to claims by critics that President Muhammadu Buhari lacks power under the law to extend the tenure of service chiefs, the Revised Armed Forces of Nigeria’s Harmonised Terms and Conditions of Service 2017 (HTACOS) empowers the president to extend the tenure of the security chiefs, irrespective of age or length of service.
They argued that Part 1, Section 11.08 of HTACOS states that an officer appointed the Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff and Chief of Air Staff shall be a four-star general and may hold the appointment for a continuous period of two years.
“The C-in-C may extend such an appointment for another period of two years from the date of expiration of the initial two-year period.” Section 11.09 of the document states that “the foregoing notwithstanding, the President/C-in-C reserves the prerogative to extend the tenure of a CDS/Service Chief irrespective of his age or length of service,” they said.
According to the lawyers, page 38 of HTACOS states that notwithstanding the provisions of paragraphs 11.01 and 11.02, no commissioned officer shall be called upon to retire, relinquish or resign his commission or transfer to the reserve, nor shall pressure be exerted on him to do so except by the authority of the appropriate Service Council/Board and where an officer has objection on being called upon to retire or resign, he may seek redress up to the highest possible level.
Also, they argued that paragraph 11.09 affirms that the President reserves the prerogative to extend the tenure of a CDS/Service Chief irrespective of his age or length of service while 11.10 states that a career in the Armed Forces of Nigeria is a primary one since the Services require only able-bodied persons.
“It follows then that quite a number of officers are bound to retire when they can still be usefully engaged in other professions outside the military. We believe the Service chiefs should be supported to finish off the final lap of the battle. We also suggest that funds be raised to support the Army, Navy and Air Force to enable them to clear up the remaining insurgents.
“We suggest an endowment fund be created to enable Nigerians to donate to support our military financially. It should not be the government alone. On our part, we shall be pledging N100, 000 to support the troops in the war front as soon as this is done,” they promised.
They argued further that before current service chiefs are sacked, they should adequately fund the military and stop them from being able to only eye the superior weapons of their opponents.
“Our federal legislators can lead the way by ceding to the military, the billions appropriated for repairing their beautiful National Assembly- an edifice whose contrived defects have remained invisible. While we concede that people have the right to call for a change of service chiefs, we are however concerned that no one has provided credible evidence that the removal of the service chiefs would solve the problem at hand.
“We posit that if care is not taken, Nigeria may once again be dealing with the symptom rather than the cause of her problem. Put differently, if new service chiefs emerge now to operate in the existing convoluted environment, the required change would hardly come,” they concluded.
YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE
Massive shake-up in Aso Rock security architecture
THE recent serious fiasco in security at the Aso Rock Villa has warranted a massive reorganisation of the security architecture at the country’s seat of power. The development is connected with security breach, particularly the shooting incident that rocked the Villa for about two weeks… Read Full Story
Nigeria Records 661 New Cases Of COVID-19, Total Now 19,808
Nigeria’s coronavirus (COVID-19) cases, on Friday, increased to 19,808 as 661 new infections were announced by the Nigeria Centre for Disease Control (NCDC)… Read Full Story
APC crisis: INEC in dilemma over Edo primary
AHEAD tomorrow’s conduct of the All Progressives Congress (APC) direct primary to produce its standard-bearer for the Edo State governorship election, the Independent National Electoral Commission (INEC) appears to be in a quandary on whether or not to supervise the process… Read Full Story
Panic, Gloom… •Experts Reveal What COVID-19 Pandemic Portends For Nigeria’s Economy
WHEN Nigerians, at the beginning of the year, expressed their reservations about the 2020 budget, especially the signing of the Finance Bill, which, they argued, would further impoverish the common man, little did they envisage the advent of a public health crisis, in form of COVID-19, throw economies of individuals… Read Full Story
COVID-19: EU, UN Hand Over Medical Supplies To Nigeria
European Union (EU) and United Nations (UN) have received and handed over urgently needed essential medical supplies to the Nigerian Government to fight COVID-19 pandemic in the country… Read Full Story
I Did Not Stop Investigation Of NIRSAL ― Malami
The Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) has denied an online report that he stopped the investigation of the Nigeria Incentive-based Risk Sharing System for Agricultural Lending (NIRSAL)… Read Full Story
Security: It Is Buhari’s Call, Not Buratai’s
President Muhammadu Buhari, last Thursday, gave a damning verdict on the nation’s security and intelligence chiefs when he told them that their best was not good enough for the nation and that he would no longer take any excuse from them for the rising insecurity in the land. According to the National Security Adviser… Read Full Story
Edo: Of Oshiomhole, Saraki’s Snail And Naked Masquerade Allegories
COURT-SUSPENDED All Progressives Party (APC) Chairman, Adams Oshiomhole, a few days before his court ouster, subtly flexed his power muscles and demonstrated a commendable grasp of African proverbs and aphorisms. Taking to his Twitter handle to do this, Oshiomhole had aptly announced that his smallish… Read Full Story
90 Days Of Pandemonium: A Nation At War With COVID-19
WHEN the Nigerian Presidential Task Force (PTF) on Coronavirus codenamed COVID-19 was constituted on Tuesday, March 17, the mandate was clear. With a timeline of six months, the body was assigned to “strengthen the national response strategy, particularly in the areas of testing, containment and management… Read Full Story
Resident Doctors Set To Call Off Nationwide Strike, As NGF Intervenes
The leadership of the National Association of Resident Doctors (NARD) on Saturday night communicated its resolve to suspend the ongoing nationwide strike which commenced on Monday, 16th June 2020… Read Full Story
Alleged Rape Saga: D’banj May Lose UN Ambassador Status
Just days after marking his 40th birthday, Nigerian singer and multiple award winner, D’banj has not been finding things funny as the Inspector General of Police (IGP), Mohammed Adamu, has ordered a probe into the allegations of rape levelled against him… Read Full Story
Nigeria’s New Rapeublic: Where Repulsively Rapacious Men Prey On Female Gender
TWENTY-TWO-YEAR-OLD Vera Uwaila Omozuwa had hoped to become an evangelist due to her passion for the gospel of Christ. Since the lockdown and closure of places of worship occasioned by the dreaded coronavirus pandemic began, the young lady had always sought the quietude of her church premises to study… Read Full Story
76 Nigerians Killed By COVID-19 In One Week
SEVENTY-SIX Nigerians died of COVID-19 in the last week, data from the Nigeria Centre for Disease Control (NCDC) have shown. Also, 273 patients died of the disease in the country between May 20 and June 18, 2020… Read Full Story