Going by the recent nomination for appointments of new service chiefs, the President Muhammadu Buhari had communicated the National Assembly for confirmation of their appointments.
This is contained in a letter written to the Senate President by the Senior Special Assistant to Mr President on National Assembly Affairs, Senator Babajide Omoworare, dated 27th January 2021.this process is enshrined in the Section 18 (1) of the Armed Forces Act Cap. A. 20 Laws of the Federal Republic of Nigeria.
Contained in this letter to the National Assembly for confirmation are; 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.
“The statement reads: “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 nomination 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.”
