Lagos lawyer, Festus Keyamo, has threatened further court action if the Federal Government fails to abide by the court ruling that the appointment of the country’s service chiefs and Inspector General of Police must be subject to the ratification of both the Senate and the House of Representatives.
Keyamo, in a letter on Tuesday to President Goodluck Jonathan; the President of the Senate, Senator David Mark; and the Speaker of the House of Representatives, Hon. Aminu Wali, said that it was mind boggling that weeks after he obtained a court ruling in that regard, nothing had been done by both the government and the legislature.
The order, given by Justice A. Bello of the Federal High Court, Abuja, declared as null and void the appointment of service chiefs and the IGP without the clearance of the candidates for the position by the National Assembly.
Keyamo said the judgment, delivered on July 1, 2013, thus meant the actions taken by all the service chiefs since the date are null and void.
He also argued in his letter, a copy of which was sent to the Attorney General of the Federation and Minister of Justice, Mohammed Bello, that the continued stay of the service chiefs and the IGP in office was illegal.
Keyamo wrote in the letter: “Kindly recall that on the 1st day of July, 2013, I obtained a court judgment in the case of FESTUS KEYAMO V. PRESIDENT & 4 ORS, delivered by the Honourable Justice A. Bello of the Federal High Court, Abuja wherein he declared that the appointments of Service Chiefs (The Chief of Air Staff, the Chief of Army Staff and the Chief of Naval Staff) without the approval of both the Senate and the House of Representatives is null and void in line with Section 18(1) and (2) of the Armed Forces Act, Cap. A20, Laws of the Federation of Nigeria, 2004. For the avoidance of doubt, I enclose herewith a copy of the Judgment.
“Up till now, no appeal has been filed against that judgment. It goes without saying that all the present Service Chiefs namely: Lt-General Azubuike Ihejirika (Chief of Army Staff), Air Vice Marshal Alex Sabundu Badeh (Chief of the Air Staff) and Rear Admiral Dele Joseph Ezeoba (Chief of Naval Staff), were all appointed without the confirmation of the National Assembly. Their appointments are therefore null and void ab initio.
“Your Excellencies, and Honourable Speaker may I, most respectfully remind you that ours is a constitutional democracy founded on the rule of law and not the rule of force.
“In fact, that is why the real intent of Section 18 of the Armed Forces Act is to subject the Armed Forces to civil authority. It is also pertinent to observe that neither the President nor the Service Chiefs are constitutionally superior to the National Assembly. As a result, the appointments of Service Chiefs, which are political appointments, cannot be different from other political appointments that require the confirmation of the National Assembly, e.g the Chief Justice of Nigeria, Justices of the Supreme Court and Court of Appeal, Chairman of Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC), Ministers of the Federation and Ambassadors. PLEASE DO NOT GIVE NIGERIANS THE IMPRESSION THAT THE MILITARY IS STILL ABOVE THE LAW.
“The most embarrassing of this scenario is that the custodians of the power of confirmation, that is the National Assembly, despite folding its arms whilst my humble self (a private citizen) proceeded to court to give life to its constitutional powers, has even refused to do anything to comply with the judgment when a court of law has clearly given life to that power. It is sad for our democracy.
“As it is today, all official actions taken by the Service Chiefs since the 1st of July, 2013, when Judgment was delivered are null, void and of no effect in the eyes of the law. It only needs someone who is affected by their official actions to challenge their authority in a court of law.
“In the circumstance, and the spirit of compliance with court judgments, obedience to and respect for the rule of law, I would humbly require that you direct, advice and enforce compliance with the judgment of the Federal High Court given on the 1st of July, 2013.
“If within FOURTEEN DAYS of the receipt of this letter you all fail to act I, as a patriot and free citizen of this country, will have no option but to head back to the court to compel compliance.
“The ball is in your court.
“I remain yours most trusted.”
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