There are indications that the Presidency might challenge the ruling of the Federal High Court, Abuja that stripped the President of unilateral powers to appoint service chiefs at the Court of Appeal.
Justice Adamu Bello had on Monday ruled in a suit filed by Lagos lawyer, Festus Keyamo, that the President had no powers to appoint service chiefs without the approval of the National Assembly. He also voided the appointment of the nation’s four service chiefs.
In a swift reaction, President Goodluck Jonathan had reportedly disclosed that the Federal Government would make known its position after obtaining a copy of the verdict and on the advice of the Minister of Justice and Attorney-General of the Federation, Mr. Mohammed Bello Adoke (SAN).
Speaking through his Special Adviser on Media and Publicity, Dr Reuben Abati, said, “No serious person will comment on a ruling he has not seen. We are yet to see a copy of the ruling. By the time we receive it, the Ministry of Justice will study it and advise the President accordingly”.
Since the case was instituted during the era of the late President, Umaru Yar’ Adua, all those that were directly affected had ceased to be in office but no doubt, the verdict is binding on the President especially when next he is appointing new service chiefs.
Speaking with our correspondent, a presidency source said that it would be dangerous for the President to rush the names of the incumbent service chiefs to the National Assembly for approval because the Senate could not be compelled to approve all the names send by the Presidency. And this could constitute a threat to the security of the country.
“I read the judgement on the pages of newspapers this morning (yesterday) and I was taken aback that a case instituted in 2008 had been pending before the Federal High Court until this week. Justice delayed is justice denied, as they say. Those who were in the office when the case was instituted are no more there and we don’t even know what (Barrister) Festus Keyamo was after, for example, if he did not want a particular officer that ruling has failed.
As a result, the Presidency has applied to the Federal High Court for a stay of execution pending the determination of the appeal.
Meanwhile, the House of Representatives, yesterday, resolved to investigate the Amendment of the Armed Forces Act through the revision of the Laws of the Federation of Nigeria (LFN) 2004.
Rep Ibrahim Tukur El-Sudi, who moved the motion highlighted the alleged breach of the constitution in the appointment of Service Chiefs and said that “Section 4(1) of the Constitution of Federal Republic of Nigeria 1999 provided that the Legislative Powers of the Federal Republic of Nigeria shall be vested in the National Assembly which shall consist of a Senate and a House of Representatives.”