The service chiefs who are the heads of the 3 major security arms of the government, namely, the Chief of Air Staffrs, Chief of Army Staffs and Chief Naval staffs.
The court additionally gave associate order restraining President Goodluck Jonathan from additional appointment of service chiefs without due approval from the Senate.
A Lagos-based Lawyer and right activist, Festus Keyamo had in 2008 approached the court seeking for associate order to void the appointment of the said service chiefs.
Joined as defendants within the suit against President of the Federal Republic of Nigeria, the Attorney-General of the Federation and every one the Service Chiefs.
Keyamo had asked the court whether or not by the combined interpretation of the provisions of Section 218 of the Constitution of the Federal Republic of Nigeria, 1999 and Section 18 of the Armedforces Act, Cap. A.20, Laws of the Federation of Nigeria, 2004, 1st} defendant will appoint the Service Chiefs of the Federation while not the confirmation of the National Assembly first wanted and obtained.
He additionally asked whether or not by Section 18 (1) & (2) of the Armedforces Act, Cap. A.20, Laws of the Federation of African nation, 2004 isn't in conformity with the supply of the 1999 Constitution thus on fall at intervals the class of existing laws beneath Section 315 (2) of the Constitution of the Federal Republic of Nigeria, 1999, that the President of the Nation, may, by Order, modify its text, to bring it into conformity with the provisions of the Constitution.
When the matter came au fait Monday, the presiding decide, Justice Adamu Bello control that the appointment of Service Chiefs for the Federal Republic of African nation by the President, with out the confirmation of the National Assembly is against the law, unconstitutional and void.
He additionally control that Section eighteen (1) & (2) of the Armedforces Act, Cap. A.20, Laws of the Federation of Nigeria, 2004, is in conformity with the provisions of the 1999 Constitution thus as to not fall at intervals the class of existing laws beneath Section 315 (2) - of the Constitution of the Federal Republic of Nigeria, 1999, that the President of the Nation, may, by order, modify its text, to bring it into conformity with the provisions of the Constitution.
Justice Bello but created associate order restraining the president from additional appointing service chiefs for the federation while not 1st getting the confirmation of the National Assembly.
thats is their headache
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