Service chiefs: Ozekhome, others speak

A human right lawyer, Chief Mike Ozekhome (SAN), said the current service chiefs, aside the fact that their tenure expired more than two years ago, have also passed their statutory age while insecurity has risen under their watch.

“I totally agree with the House of Representatives. They have said the same thing I have been saying for three years.

“Number one, the tenure of the service chiefs expired over two years ago, both statutorily and unconstitutionally. They have passed their biological age. As a matter of fact, they have been kept in office both illegally and unconstitutionally by the President Buhari.

“If they were effective enough, one would have excused the president that he was doing so in national interests because of their efficiency. But the bad news is that these service chiefs have not helped the country’s security apparatus and architecture.

“Insecurity has mounted before their very eyes. Boko Haram has waxed stronger and kidnapping has taken a higher dimension. Armed robbery, banditry have taken a turn for the worse, something that the president himself agrees with. Yet, the service chiefs have no answer to these security challenges,” Ozekhome said.

An Abuja based legal practitioner, Godwin Sunday Ogboji, in his reaction, told Sunday Tribune that the lawmakers can pass their resolution but it may not be binding on the president who reserves the right to hire and fire.

“When people are changed, it is not because of lack of competence but to inject fresh ideas that will be of benefit to the country. In life, you change people from positions, not because you don’t like the person, as a President, he owns the country the responsibility of excusing any person that failed to carry out the responsibilities assigned to him/her accordingly.

“It will not do the country good to allow a person to remain in an office that he/she cannot function in. If new people come on board, horizon will be broadened and other persons that have not been meaningfully used in the fight against insurgents can up and do things appropriately,” Ogboji noted.

Another Abuja-based lawyer, Edwin Inegedu said the lawmakers spoke the minds of Nigerians in their resolution.

A check at what the 1999 Constitution and the statute governing appointment of service chiefs say, revealed that Section (hereinafter stated simply as “S”)  218 (1; 2; 4 [ a & b] ) of the Constitution provides as follows:

“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;

(2) 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, the 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 the National Assembly;

(4) The National Assembly shall have power to make laws for the regulation of -(a) the powers exercisable by the President as Commander-in-Chief of the Armed Forces of the Federation; and (b) the appointment, promotion and disciplinary control of members of the armed forces of the Federation.”

Part VII of the Armed Forces Act, Cap A20, Vol. 1, LFN, 2004  provides for administration, government and command of the armed forces.  S.18 ( 1&2) of the Armed Forces Act governs the appointment of the service chiefs. It states that ” the President, may , after consultation with the Chief of Defence Staff and subject to confirmation by the National Assembly, appoint such officers ( in this Act referred to as ” the Service Chiefs”) as he thinks fit, in  whom the command of the Army, Navy and Air Force, as the case may be, and their reserves shall be vested; (2) The Service Chiefs shall be known (a) in the case of the Army, as the Chief of Army Staff; (b) in the case of the Navy, as the Chief of Naval Staff;  and ( c) in the case of the Air Force, as the Chief of Air Staff”.

Since the appointment of the service chiefs are subjected to the confirmation of the National Assembly, many are of the views that the President should heed to the call for their removal in view of the resolution of the institution that is responsible for their confirmation.