Gbege! This one na gbese o! As in, gbese gidi!

An Abuja Federal High Court judge, Justice Adamu Bello, on Monday declared the appointment of all the service chiefs in the country as unconstitutional, illegal, and null and void.

The current service chiefs are the Chief of Army Staff, Lt Gen. Azubuike Ihejirika; Chief of Air Staff, Air Vice Marshal Alex Badeh; and Chief of Naval Staff, Rear Admiral Dele Ezeoba.

Justice Bello also restrained the President and Commander-in-Chief of the Armed Forces of Nigeria, from henceforth appointing service chiefs without the approval of the Senate.

The judge made the declaration while ruling in a case instituted in 2008 by a lawyer, Mr. Festus Keyamo, who asked the court to determine whether the President had the powers to unilaterally appoint service chiefs.

In the suit No. FHC/ABJ/CS/611/2008, the President of the Federal Republic of Nigeria, the Attorney-General of the Federation and all the service chiefs were listed as the defendants.

Keyamo had asked the court to determine whether, by the combined interpretation of the provisions of Section 218 of the 1999 Constitution of the Federal Republic of Nigeria, and Section 18 of the Armed Forces Act, Cap. A.20, Laws of the Federation of Nigeria, 2004, the President could appoint the service chiefs without first seeking and obtaining the confirmation of the National Assembly.

The court was also asked to determine whether the provisions of Section 18 (1) (2) of the Armed Forces Act, Cap. A.20, Laws of the Federation of Nigeria, 2004, was not in conformity with the 1999 Constitution, so as to fall within the category of existing laws under section 315 (2) of the 1999 Constitution that the President, may, by Order, modify its text, to bring it into conformity with the provisions of the Constitution.

In his judgment in the matter, Justice Bello answered both questions in favour of the plaintiff and as a result granted all the orders sought by the suit.

He made a declaration that the appointment of service chiefs for the Federal Republic of Nigeria by the President, without the confirmation of the National Assembly was illegal, unconstitutional, null and void.

In the same vein, the judge declared that section 18 (1) and (2) of the Armed Forces Act, Cap. A.20, Laws of the Federation of Nigeria, 2004, is in conformity with the provisions of the 1999 Constitution so as not to fall within the category of existing laws under Section 315 (2) of the 1999 Constitution, that the President, may, by order, modify its text, to bring it into conformity with the provisions of the Constitution.

Justice Bello also granted an order restraining the President from henceforth appointing service chiefs without first obtaining the confirmation of the National Assembly.

Meanwhile, President Goodluck Jonathan on Monday met with security chiefs to assess the security situation in the country.

The meeting which lasted about three hours was held at the Presidential Villa, Abuja.

At the meeting were Ihejirika, Badeh, Ezeoba, the Inspector-General of Police, Mohammed Abubakar; as well as head of the State Security Service.

The National Security Adviser, Col. Sambo Dasuki (retd.); Minister of State for Defence, Olusola Obada; and the Minister of Police Affairs, Caleb Olubolade, were also in attendance.

Although the agenda of the meeting was not made public, it was held about 24 hours after a jail break in Akure, Ondo State. About 175 inmates fled the prison after dynamites were used to break a section of the wall.

Also in Plateau State, no fewer than 50 persons were killed during a weekend of attacks on communities.

None of those who attended the meeting spoke with journalists.

The Presidency on Monday, however, said it had yet to get a copy of a Federal High Court Abuja ruling that declared the appointment of service chiefs solely by the President as unconstitutional, illegal, null and void.

Special Adviser to the President on Media and Publicity, Dr. Reuben Abati, said this in a telephone interview with our correspondent.

Abati said it would be wrong for the Presidency to comment on a ruling that was yet to be in its possession.

He however said upon receipt of a copy, the Ministry of Justice would study the ruling with a view to advising the President appropriately.

“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,” the presidential spokesman said

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But wait o, why President Jonathan too do this kain thin? No senate approval! Haaaa! Lobatan! What do you think go shele now? Fire them all and appoint new ones? LOL! I dey laff o

http://www.punchng.com/news/court-declares-appointment-of-service-chiefs-illegal/
http://.com/court-declares-appointment-of-military-service-chiefs-illegal/

So what do we do now? Problems will be the result when things are not done the right way.

From 2008,why is it difficult for our leaders to just do the right thing?sending their names to the senate shouldn't be a problem.

Maybe the President was wrongly advised.

Sam xiu lee: From 2008,why is it difficult for our leaders to just do the right thing?sending their names to the senate shouldn't be a problem.

Laws in Nigeria are only made to be broken. Even with this ruling, I doubt that Uncle Jonah will give a fc.uk. Quite sad

Abiyamọ: Maybe the President was wrongly advised.

Now the right thing is clear , let him do it.......
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though I have the feeling General GEJ won't.. at least not anytime soon.

LOL! I hope he gives a 'damn' about this one o...lol

bella berry: Laws in Nigeria are only made to be broken. Even with this ruling, I doubt that Uncle Jonah will give a fc.uk. Quite sad

Not at this crucial time. Hope the judge does not have link with BH?

You just took it from my mouth. He'll not answer them and the news will fade away. You know Nigeria way!!

bella berry: Laws in Nigeria are only made to be broken. Even with this ruling, I doubt that Uncle Jonah will give a fc.uk. Quite sad

This is nonsense.
That justice bello should be investigated for alleged links with boko harem.
A case instituted since 2008,
The bello man decided to give judgement in 2013 when the onslaught against boko haram is at a climax with the sole aim to cause confusion and anarchy in the system.
According to Gej "boko haram is in my government"

His name "Justice Bello" says it all!

Lol! Forgot man! Ur right!

Waiting to see if a damn would be given this time by the trainee Comander in Chief.

Kudos to the judiciary for a work well-done, right from 1999 when Formal president Obasanjo came into power, dis has been in practised, but on the constitution of the federal republic of Nigeria, it is clearly spelt out that the president should norminate and send to the senate for approval, but most of the civilian president has been negecting this for so long, perhaps reasons best known to them.

donchris999: This judge aint gat shame. According to the constitution, the president appoints the security and military chiefs. Obasanjo did so, yar'adua did so, infact obasanjo retired all senior military men that had links with abacha in 1999 as the constitution stipulate and nobody coughed. Yar'adua brought in his own, now it is Gej and the whole nigeria wants to fall apart. All this aboki(bello) and yoruba(keyamo) people are enemies of progress. Just because boko haram is about to become history they are panicking . Rubbish! GEJ dont mind them, deal with boko haram ruthlessly, they can go and die. Senate my foot!

Is this hatred or low self-esteem? Abi you lack comprehension ne? This case was instituted by a south-south man(festus keyamo) in 2008 even before GEJ. This thing called tribal bigot don dey eat you deep walahi.

Andro Blaze:
Now the right thing is clear , let him do it.......
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though I have the feeling General GEJ won't.. at least not anytime soon.

HE WILL ACT ON THE RULING.
LATEST BY DECEMBER 2014.
YOU SHOULD KNOW THAT OUR ABLE PRESIDENT IS NOT SLOW.
BUT HE TAKES HIS YEARS TO MAKE DECISION SO AS NOT TO MAKE MISTAKE.
OK?

During the re-unification of Germany,the Emperor of Prussia appointed Bismarck who was known for his ruggedness and ability to trample on the german constitution by collecting taxes which the parliament didn't approve.He justified the collection by claiming that the problems of Germany can't be solved through parliamentary debate.

He built a strong Prussia army with the funds;subdued Denmark,Austria and France and eventually made Prussia leader of the German empire.European civilization wasn't built by due process infact there was not nothing like democracy but through the wars and development in weapons,the various european states were forced to develop until after the cold war when new non-military challenges emerged and war became less attractive.

The point I'm trying to make is that the West utilized the era of absolutism to build their society but in Africa,the civilian government have not prove to be better than their military counterparts.lack of adherence to due process,rule of law,executive madness among others is now the order of the day.why would anyone be surprised when the 1999 constitution itself is a legacy of the military regime ?

The judiciary has talked and this has reiterate the need for the review of the 1999 constitution that is full of military manipulations and democratic fallacies !

fkaz:

Is this hatred or low self-esteem? Abi you lack comprehension ne? This case was instituted by a south-south man(festus keyamo) in 2008 even before GEJ. This thing called tribal bigot don dey eat you deep walahi.

It's not bigotry,it's a lack of proper education !

donchris999: This judge aint gat shame. According to the constitution, the president appoints the security and military chiefs. Obasanjo did so, yar'adua did so, infact obasanjo retired all senior military men that had links with abacha in 1999 as the constitution stipulate and nobody coughed. Yar'adua brought in his own, now it is Gej and the whole nigeria wants to fall apart. All this aboki(bello) and yoruba(keyamo) people are enemies of progress. Just because boko haram is about to become history they are panicking . Rubbish! GEJ dont mind them, deal with boko haram ruthlessly, they can go and die. Senate my foot!

Slow down boy & stop ranting like an angry little spoiled brat who can hardly take a wee without slashing it all over the place.

Dont we have executive rascality in d constitution? Bello seems to be a learner and inexperienced coz the system has been clutched by men of high talons... I just hope GEJ will listen to d court and do restrategise coz i knw d judiciary is only a puppet compared to d executive.

Did OBJ appoint his service chiefs or was it the same thing Joe did?

WildChild00: Kudos to the judiciary for a work well-done, right from 1999 when Formal president Obasanjo came into power, dis has been in practised, but on the constitution of the federal republic of Nigeria, it is clearly spelt out that the president should norminate and send to the senate for approval, but most of the civilian president has been negecting this for so long, perhaps reasons best known to them.

akure prison is old. so are many prison in nigeria. most of them were built by britain from my research.

I will be careful with issue of senate approving military chief.

Even while the USA requires this.. In the case of Nigeria.. military coup is one danger they most look at. And the president most have to choice who he thinks he trust. I dont think keyamo is right.

but it most be balance..

If the senate approve military chief. because of the way the composition of the national assembly is.. Where.. It is not based on population proportionality.. It will be unfair to majority of Nigeria.

And with the present security problem. You want to be careful. if the national assembly was based on true population. then it will be advice.. but it is not.. more of imagine figure by some scam artist.




Look at Ilorin 2 million and compare with Kano.. 9 million I do not believe the composition of the national assembly because it is not based on population proportionality..


This is Ilorin and this is kano If we dont fix the problem.. There should not be anything like that.. Without fixing the satellite pictures.. the senate or national assembly is not well compose to take on that responsibility.



no if you appoint base on confirmation of the national assembly my fear is. only people who who can pass the assembly name will be summited. so names of people of small ethnic group... like uhrobo, idoma, ijaw, annang, ogoni, igalla,nupe, gwarri, borog, bachama, efik, etc.. can not pass the national assembly because the bulk of the assembly are members of the 3 major ethnic group. and if their names are not there. they will not pass it. i dont believe the military should have politics in it.

justice bello judgment look abit bias. he is more worried by the composition of the present time . but here for many year the north have not be appointing Western Nigeria and eastern nigeria into this office. after 50 years. for once you have Western Nigeria and eastern nigeria in it after 50 years. put yourself in the shoes of the Western Nigeria and eastern nigeria who have not been in it for 50 years..

i am not saying it is good or bad.. but after many years of complain, i believe the fair thing to do is to relocate every military officers back to their 3 countries pre independent. this was the agree term of nigeria.

Western Nigeria
Eastern Nigeria
Northern Nigeria

what have we seen in the past . officers of western nigeria and eastern nigeria been bypass in promotion and junior officers of northern nigeria made to be their boss . that is what we had and it is not acceptable.. And should not continue..

The solution i have put up in the past, is to relocate all officer by to the northern nigeria, eastern nigeria and western nigeria.. That way, their promotion can be done by people from their area.. Which is the normal practice everywhere. even it is the same in the police all over the world except Nigeria.

Go to small africa countries.. it is the same..


It is not fair that weapon are place in the hands of one of the 3 element while others do not have.. Take for example western nigeria dont have airforces.. There should be an airforce base in akure, ilorin, lokoja,ibadan but none. which has an airport to protect western nigeria. All airforce are concentrated in one portion that is not acceptable. Same goes for the army.. You most have a balance system. You never did.


You can not have one part of nigeria dominate others and you expect peace. this is not fair. Mostly when you look at the independent act and it tells you clearly.. That you are not ONE country but clearly 3 countries..


secession was clearly written in the independent act because of Northerners and westerners

Do you people understand the underline word. NOTHING shall make the arrangement pre independent of western nigeria eastern nigeria and northern nigeria, invalid.. This is clearly written in the independent act..


NOTHING means NOTHING shall be NOTHING take away western Nigeria, Eastern Nigeria and Northern. None of the 3 element would have form nigeria in the first place if they know they were going to be forcedly merge.

And also clearly written in the independent act is that Subsection 2 is basically Null and void meaning. secession of any of western nigeria, eastern nigeria or northern nigeria are valid . Means they can secede when they feel like it because Nigeria is a union of 3 element and not a country. just like the Europe Union with a flag, passport and constitution. Please verify with maitama sule before he dies.


did you see the word IN nigeria.. they did not say OF nigeria. mean all 3 element most , who sign western nigeria and old kwara. sir goldie, not lugard

Subsection 1, tell you Nigeria is just a name and not a country. There was no time, Nigeria was a colony of britian, and there was no time Nigeria got self government. Independent act clearly state in subsection. that Nigeria is just a name, please ask international lawyers. Just a name like North america.. North america consist of USA, canada and mexico.

Clearly it is not fair that one section dominated the military for so long. And the only fair thing to do is to relocate military person back to the 3 element which they come from , for your own safety and their..


I believe a president should be allow to pick his chief without the senate at this point because of the satellite pictures and in future it may be a different story. In future you can change it but for now.. Until you fix the satellite pictures. I dont believe it is right.


When you relocate Northern nigeria officers. they will now rate and promote themself.

I dey laff ooo

I thought this case is dead and buried?

Amadu Bello against the appointment of The Chief of Army Staff, Lt Gen. Azubuike Ihejirika; Chief of Air Staff, Air Vice Marshal Alex Badeh; and Chief of Naval Staff, Rear Admiral Dele Ezeoba, very funny. I think i understand him very well. What he meant is that they should be replaced with Core Northerners or Better still Boko Haram sympathizers. Its very glaring that Lt Gen. Azubuike Ihejirika is the Target.

pistol: This is nonsense.
That justice bello should be investigated for alleged links with boko harem.
A case instituted since 2008,
The bello man decided to give judgement in 2013 when the onslaught against boko haram is at a climax with the sole aim to cause confusion and anarchy in the system.
According to Gej "boko haram is in my government"

Keep quiet my friend.
Why do you travailize a serious national and constitutional issue like this. Is this how you intend to rule Nigeria when you become a policy maker or implementor. Commend this judge for saying the right thing, knowing fully well that minds like yours wil add mischievous meaning to it. The president should do the right thing. This also exposes the scarcity of informed advise and opinion in the executive arm of government in nigeria, including the states. This is an issue in content and not in context as you are trying to put it. You want us to leave the main issue on the alter of boko haram who did not appoint the service chiefs. One also wonder why it took Festus Keyamo to do this while the senate whose constitutional right and responsibility has been unsurped is quite.

remark D: Did OBJ appoint his service chiefs or was it the same thing Joe did?

Absolutely yes, Obasanjo equally did what President Joe is currently doing, by single handedly appointing service chiefs himself, which is not suppose to be so, it is like appointing ministers without senate screening/approval, it is clearly spelt out in the constitution.

it means the sanate testified that they were not part of it.
or how did the courts get copy of the appointment letters to confirm that sanate did not sign.
or sanate president nor wan obey oga at the top.
just food for my thought.

Where is Insincere9gerian to come and defend the incompetence of his paymaster again

Fresh air. This is what you get when you decide to satisfy your stomach instead of your conscience..


Buahahahaahahaah I dey laugh.

First one was MAULAG
Now see this gbege again.

Is he thinking from his anus or

[size=48pt]TRASH[/size]

I thought Jonathan is the commander in chief of the armed forces.

mankand: Where is Insincere9gerian to come and defend the incompetence of his paymaster again

Fresh air. This is what you get when you decide to satisfy your stomach instead of your conscience..


Buahahahaahahaah I dey laugh.

First one was MAULAG
Now see this gbege again.

Is he thinking from his anus or

I think his defence mechanism will be that the president was not the first to hv been doing so...lol