Human rights lawyer, Mr. Femi Falana (SAN), says a court process will be filed this week seeking the removal of the service chiefs based on the expiration of their tenure.

Falana said this on Channels Television’s Sunrise Daily programme on Monday.

He had argued that it was illegal for the President, Maj.Gen Muhammadu Buhari (retd.), to extend the tenure of chiefs.

When asked why no one had challenged the matter in court if indeed it was illegal, Falana said, “I can assure you that it is already being escalated. To the best of my knowledge, a suit will be filed during the week in respect of this matter.”

Falana recalled that activist, Mr. Festus Keyamo (SAN), who now serves as the Minister of State for Labour and Employment had sued the President Goodluck Jonathan’s government for failing to seek the approval of the Senate before appointing the service chiefs.

He said the Federal High Court had stated while delivering judgement that the National Assembly must approve the appointment of service chiefs before they can be installed.

The activist said it stands to reason that if the Senate approved the appointment of service chiefs, then the Senate’s approval must be sought before their tenure could be extended.

The senior advocate said, “My colleague who is now a minister in this government, secured a judgment that service chiefs must be approved by the Senate and President Jonathan had to seek the approval of the National Assembly in line with the judgment of the court.

“Now, going by that judgement, the President cannot extend the expired tenure of service chiefs without going to the National Assembly. So, when the House of Representatives recently passed a solution that the service chiefs should go, they should have relied on the judgment to say you cannot extend without approval if you cannot appoint without our approval.”

When asked if he implied that Buhari was breaking the law, Falana responded, “for sure.”

Falana said under the Public Service Rules and the Harmonised Terms and Conditions of Service of Military Officers and under Section 26 of the Armed Forces Act, there was no provision for the extension of tenure beyond the period stipulated by law.

The activist said it was wrong even though it had been done in the past.

“You cannot extend the tenure of certain officers while you ask others to go upon putting in 35 years in office,” he said

Falana is already losing his relevance, noisy old man.

lalajnr:
Human rights lawyer, Mr. Femi Falana (SAN), says a court process will be filed this week seeking the removal of the service chiefs based on the expiration of their tenure.

Falana said this on Channels Television’s Sunrise Daily programme on Monday.

He had argued that it was illegal for the President, Maj.Gen Muhammadu Buhari (retd.), to extend the tenure of chiefs.

When asked why no one had challenged the matter in court if indeed it was illegal, Falana said, “I can assure you that it is already being escalated. To the best of my knowledge, a suit will be filed during the week in respect of this matter.”

Falana recalled that activist, Mr. Festus Keyamo (SAN), who now serves as the Minister of State for Labour and Employment had sued the President Goodluck Jonathan’s government for failing to seek the approval of the Senate before appointing the service chiefs.

He said the Federal High Court had stated while delivering judgement that the National Assembly must approve the appointment of service chiefs before they can be installed.

The activist said it stands to reason that if the Senate approved the appointment of service chiefs, then the Senate’s approval must be sought before their tenure could be extended.

The senior advocate said, “My colleague who is now a minister in this government, secured a judgment that service chiefs must be approved by the Senate and President Jonathan had to seek the approval of the National Assembly in line with the judgment of the court.

“Now, going by that judgement, the President cannot extend the expired tenure of service chiefs without going to the National Assembly. So, when the House of Representatives recently passed a solution that the service chiefs should go, they should have relied on the judgment to say you cannot extend without approval if you cannot appoint without our approval.”

When asked if he implied that Buhari was breaking the law, Falana responded, “for sure.”

Falana said under the Public Service Rules and the Harmonised Terms and Conditions of Service of Military Officers and under Section 26 of the Armed Forces Act, there was no provision for the extension of tenure beyond the period stipulated by law.

The activist said it was wrong even though it had been done in the past.

“You cannot extend the tenure of certain officers while you ask others to go upon putting in 35 years in office,” he said

@ the bolded, what stops Keyamo from also suing the General?

APC is a group of double standard cheats, liars and propagandists.

maynation:
Falana is already losing his relevance, noisy old man.

What exactly is wrong with what he said?

Gandollaar:

What exactly is wrong with what he said?

na corper...na e make..33k don enter em hand.

way to go.

maynation:
Falana is already losing his relevance, noisy old man.

he's loosing his relevance yet is on the front page of major news magazines and blogs and papers. This is his work literally this is his calling and unlike many people he has stood by it defending and defending what else should the man do for crying out loud for you people?

donbachi:
na corper...na e make..33k don enter em hand.

Let's start with how much you earn first.
Ologogoro

Waste of resources and effort. Even if the fulani tyrant sacks all the service chiefs, he will still replace them with another set of fulanis from futajalon with the same fulanization agenda. Nigerians should rather channel their energies towards the complet disintegration of Nigeria.
Let us in Middle Belt, South West, South East/South South go our seperate ways and leave Arewa islamic republic to deal with their creations - boko haram and fulani terrorists.
Arewa north is a terrorist region dragging us backwards. Imagine free independent countries free from islamic terrorist groups like boko haram. Imagine independent countries free from Islamization, fulanization and quota system? Think about this.
As long as we're yorked together with northern Nigeria, boko haram, fulani terrorist, islamization, Sharia, fulanization will continue to plague us unabated until our future generations is destroyed!
ONE NIGERIA IS DEAD!

maynation:
Falana is already losing his relevance, noisy old man.

Personal attacks rather than substantial counter-argument. Typical of dead-brain morons. Are you one?

jayfolarin:


Personal attacks rather than substantial counter-argument. Typical of dead-brain morons. Are you one?

Whatever you think is your headache dear.

maynation:
Falana is already losing his relevance, noisy old man.

What did he say wrong?

Falana again?

Why not ran ta ra e

Well I don't know much about the law but I understand perfectly well that the appointment of service chiefs is purely the duty of the president and subject to confirmation by the senate. The president can appoint any Senior ranking officer of the military who he believes will be d best in delivering condor to the rule of law and safety of the lives and properties of the citizens and non citizens of the country.

But taking the government to court on this issue I believe is an inappropriate step for falana to take. It is evident that the security situation of the country is in a total dishabille state which is of a great concern to her people, but taking the government to the corrupt justice system will not solve the problem.

I think there should be other means that falana and well meaning Nigerians can employed to put pressure on this directionless government

maynation:
Falana is already losing his relevance, noisy old man.

Stop embarrassing yourself, go back and read the news.