₦airaland Forum

ablejesus26:
Do a constructively religious study on the 2pt 1
and also this

219 of the Constitution. then follows by
providing thus: ” The National Assembly shall
– (a) in giving effect to the functions specified
in S.217 of this Const.; and (b) with respect to
the powers exercisable by the President under
S. 218 of this Constitution, by an Act, establish
a body which shall comprise such members as
the National Assembly may determine, and
which shall have power to ensure that the
composition of the armed forces of the
Federation shall reflect the federal character of
Nigeria in the manner prescribed in the said
Section 217 of this Constitution.”
Part VII of the Armed Forces Act, Cap A20,
Vol. 1, LFN, 2004 provides for
administration, government and command of
the armed forces. S.18 ( 1&2) of the Armed
Forces Act governs the appointment of the
service chiefs. It states that ” the President,
may , after consultation with the Chief of
Defence Staff and subject to confirmation by the
National Assembly, appoint such officers ( in
this Act referred to as ” the Service Chiefs”) as
he thinks fit, in whom the command of the
Army, Navy and Air Force, as the case may
be, and their reserves shall be vested; (2) The
Service Chiefs shall be known (a) in the case of
the Army, as the Chief of Army Staff; (b) in the
case of the Navy, as the Chief of Naval Staff;
and ( c) in the case of the Air Force, as the
Chief of Air Staff”

Its no head-scratcher that dis govt do not give a mite care for rule of law

Sorry sir,you are talking nonsense.buhari has clearly followed the law here,it is you that is being deceived by falana.read section 147 and section 231 which deals with the appointment of ministers and chief justice respectively,it clearly stated that those appointment are subject to senate confirmation.also look at section 154 which deals with appointment of members of several agencies like police council,njc,fcc etc and also look at section 238 and 249.dealing with appointment of heads of appeal and high courts.senate onfirmation is clearly specified.if the framers of the constitution wanted senate confirmation for service chiefs,they would have clearly stated so unambiguously...the whole of section 217 to 219 made no mention of that.
Infact,you misunderstood and misapprehended the intendment of section 219.it clearly stated that in pursuant to 217 and 218,the nass can through an act establish a body to make sure that the appointment of service chiefs reflect federal character.in my own thinking,the federal character commission takes care of that.this does not equate to nass screening...infact if you read subsection 3 of section 217,it also stated that the officer corps appointment should reflect federal character which leads us to 219.
Talking about the armed forces act,it is a settled law that any act that is inconsistent with the constitution is null and void.this applies to any court ruling also.take precedence from the 2020 judgment which freed orji uzor kalu where a provision of the acja was nullified by the supreme court for conflicting with the constitution....

Finally sir,when it comes to screening of appointees in the national assembly,only the senate do this.the house of reps do not screen appointees.if you look at the whole constitution, senate is carefully used when their confirmation is used.the common phrase is"the president will appoint subject to senate confirmation ".but when it comes to law making or making of any act,the word national assembly is used.you can spot the difference..subsection 2 of section 218 also states that the president will have the powers to appoint the heads of any other new security force that may enacted by the senate..
This argument is over.I have defeated you heavily.

Yankee101:
Part VII of the Armed Forces Act, Cap A20, Vol. 1, LFN, 2004  provides for administration, government and command of the armed forces.  S.18 ( 1&2) of the Armed Forces Act governs the appointment of the service chiefs. It states that ” the President, may , after consultation with the Chief of Defence Staff and [b]subject to confirmation by the National Assembly, appoint such officers ( in this Act referred to as ” the Service Chiefs”) as he thinks fit, in  whom the command of the Army, Navy and Air Force, as the case may be, and their reserves shall be vested; (2) The Service Chiefs shall be known (a) in the case of the Army, as the Chief of Army Staff; (b) in the case of the Navy, as the Chief of Naval Staff;  and ( c) in the case of the Air Force, as the Chief of Air Staff”

218. (1) The powers of the President as the Commissioner-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the Federation.

(2) The powers conferred on the President by subsection (1) of this section shall include power to appoint the Chief of Defence staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

(3) The President may, by directions in writing and subject to such conditions as he think fit, delegate to any member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.[/b]

The above provision is from the constitution.it supercedes any other law like the armed forces act or court judgment.infact,any other law that is in conflict with the constitution is null and void.if the constitution wanted senate confirmation of service chiefs,it would have done so like in the case of ministers,chief justice or ambassadors.this debate is over

Bamss1:
I cant spot any difference, its like Brutai handing over to Brutai

Buratai hates attahiru

Yankee101:
Why resume before senate confirmation?

When has Senate ever confirmed service chiefs

Whoube99:
See this one! So he was that efficient, but was changed barely six months after he was appointed theatre commander of operation lafiya dole due to underperformance.
Tell us something new abeg..!

Due you realize that his successors performed worse than him

ablejesus26:
I beg to dissident sir though i am not very cognizant with the Constitutional inflows and inplays but you sure would also not be more proficient in this matter than Mr falana

you might want to do a little check and evaluation on
Section 218
(1; 2; 4 [ a & b] ) of the Constitution

And while doing so i urge you to have an hankering and appetency to want to learn without sentiments

218. (1) The powers of the President as the Commissioner-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the Federation.

(2) The powers conferred on the President by subsection (1) of this section shall include power to appoint the Chief of Defence staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

(3) The President may, by directions in writing and subject to such conditions as he think fit, delegate to any member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.


Please read the above and compare it with the sections that talks about appointment of ministers,cjn and ambassadors which clearly states that the president must seek senate approval.dont forget the constitution supercedes court rulings or any subsidiary law like the armed forces law.falana cannot know more than the legion of sans advising gej and pmb since 2021..the president is right here,that judgment is tantamount to judicial rascality or madness.only the supreme court has the power to settle such constitutional matters which has ambiguities. But unfortunately,this matter is unambiguous,it is clear and the supreme court has ruled in favour of the status quo in similar cases.it is tantamount to legislative usurpation of executive powers

NORSYK:
The four service chiefs are all Muslim

Who has noticed it?

Are you ok at all? Lucky irabor a Muslim? Visit yabaleft boy

zoedew:
Two wrongs dont make aright

218. (1) The powers of the President as the Commissioner-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the Federation.

(2) The powers conferred on the President by subsection (1) of this section shall include power to appoint the Chief of Defence staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

(3) The President may, by directions in writing and subject to such conditions as he think fit, delegate to any member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.



Sorry sir,that is what the constitution specifies

fergie001:
On paper..Zanna is better but he doesn't have age.

The Presidency always surprise with Police appointments, though promoting Dasuki as substantive CP NOW shows it is heading towards one direction.

Which zanna again?

Masterkernel1:
“The appointments of service chiefs without the concurrence of the National Assembly which had been the practice since 1999 was challenged in the Federal High Court sometime in 2008 by Mr. Festus Keyamo SAN in the case of Keyamo v President Goodluck Jonathan (unreported Suit No FHC/ABJ/ CS/611/2008).

“In his landmark judgment delivered on July 2, 2013, Adamu Bello J. (as he then was) held that it was illegal and unconstitutional, null and void for the President to single-handedly appoint Service Chiefs without the approval of the National Assembly having regards to the combined effect of Section 218 of the Constitution and section 18 (1) & (3) of the Armed Forces Act..,” the statement read.


Secondly regarding nepotism, I guess you don't know it's classified globally as corruption.
The North is the Illiteracy capital of the earth, on what grounds are they having majority appointments as Service Chiefs?

218. (1) The powers of the President as the Commissioner-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the Federation.

(2) The powers conferred on the President by subsection (1) of this section shall include power to appoint the Chief of Defence staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

(3) The President may, by directions in writing and subject to such conditions as he think fit, delegate to any member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.


Sorry sir,that is what section 218 states.the judge was wrong.the appointment of service chiefs has nothing to do with nass.it has never been so in Nigerian history.moreover,the constitution is superior to other laws and judgments of any judge.buhari is in order..
Secondly,the northerners do not dominate the service chief hierarchy.there are 4 service chiefs,two south,two north.it is well balanced.so stop wailing

fergie001:
I think it is Galadanchi v Inuwa...Jitoboh can wait, he still has time.

Which inuwa! Dasuki is the chosen one.

Masterkernel1:
Oooh! You didn't see your message as defending aberration of the law, right?

Did buhari flout any law in appointing the service chiefs? Where is the nepotism there? How are they unqualified

MelesZenawi:
Road to new IG of Police

Yes,dasuki galadanchi...cc fergie001

Masterkernel1:
Look at what North represents, poverty, insurgency, Illiteracy,nepotism and banditry.There neglect to laws caused lots of their problems in the North, starting from appointing illiterates to head Ministries,

North has the highest rate of Illiteracy in the World, how do they have more personels in Nigeria Military, if not for nepotism, thereby reducing the standard of excellence to accommodate mediocrity.

How does it relate with the topic

ablejesus26:
The appointments faulted due synchroneity and concordance of the national assembly

perhaps we call on Mr Falana to acquaint something that's as clear as a bell to you
so you can understand

This govt is very preeminent for making a burlesque and travesty of democracy a system we proclaim to operate

You lie sir.can you point out anywhere in the constitution where it said that the service chiefs must be screened by nass? Has there been in a time since 1960 when nass screened service chiefs! Do you realize that the constitution supercedes even the ruling of that funny high court judge?

Advision:
Findings by The PUNCH showed that Attahiru, who was elevated to the position of Chief of Army Staff by the President, was in 2017 removed as the Theatre Commander of Operation Lafiya Dole for failing to stop Boko Haram in 2017.

https://punchng.com/breaking-attahiru-resumes-as-new-chief-of-army-staff/

Ok now after he was removed,has boko haram stopped? Do you realize that it got worse

Herkim:
Don't expect anything special from the defense new team because they were part of the last regime

He wasnt,attahiru was largely sidelined by buratai

ablejesus26:
Why should he be allowed to resume office when its no
inexplicableness and conundrum that due process was not followed in his selection to the post

what a country

Which due process wasnt followed

zoedew:
He will go get National Assembly confirmation later!

Did gej do that? What of them buratai?

AmazingELixir:
Op


Acting chief of staff

How

wiseone28:
Like Donald Duke

You are not getting it.none of the contestants has akwa ibom roots or like akwa ibomites except maybe gershom

fergie001:
I will investigate this.

Very bad, if true.

Please do.it is also very important to ask of the opinion of neutrals like your fellow igbos to get the true pix

wiseone28:
Nah he will still have root in AKS

Like gershom?

Dapson73:
Is he wrong with his submission?

Yes he is

slowice:
No respect for the rule of law.... Once a dictator, always a dictator


The leopard can never change its spots

Oga,the law says buhari can appoint without nass confirmation

Masterkernel1:
At least they should follow the law. It's an aberration to our constitution to appoint service chiefs by the Executive.

Oga,it is an aberration to the constitution to seek senate screening before appointing service chiefs

fergie001:
He should have moved them but didn't. He will not find it funny now o.

Can I ask a sincere ?
Why all this hate on the AKS folks?
I thought you guys used to be one State.

Thank you for asking this question.ask any igbo person that has stayed in crs or aks and you will get the real pix.they are the one that hates us.they usually call non efiks atam which is a derogatory term.if you give them any small space to farm,they will end up uprooting you and becoming the landlord.those staying in calabar always abuse calabar but refuse to go back to their states.while crs is accommodating and welcoming,it is impossible to do same in aks.they dont employ any non indigene.all the crs people that manage to rise to position of authority in aks were forcefully taken out.example is ex unical vc kelvin etta who almost became uniuyo vc but was driven away.even ex vc prof asuquo suffered as they stopped paying his sabbatical allowance after discovering that he is from crs.na them start am oh.

Security reports of the last end riot protest showed that most of those who were arrested were from aks

PARACLETOS:
Cross River State over the years is know for their open display of hatred and nepotistic attitude towards the ever hardworking people of Akwa Ibom State, even when they know that Akwa Ibom has overtaken them in many areas of national and international developments.
Congratulations to a great and amiable daughter of Akwa Ibom for doing them a favour of presiding over their judiciary. Let them go and hug transformer.

Akwa ibomites are the first to start the hatred oga.will you allow any cross river person to be your cjn?

fergie001:
It was the same thing Chimaroke Nnamani did to Ralph Agbo (who is now No 2 at the Court of Appeal). He preferred the late Umezulike and moved Agbo up.

But Nnamani was more tacit, Ayade messed everything up with his braggadocio.
He inaugurated a parallel State Judicial Service Commission.

He also pushed Eneji 5 years ago as CJ...the NJC blocked him for Edem. He dared the NJC on more than two occasions by rejecting their Ikpeme. He showed his hand.

The NJC wouldn't have given him the luxury of asking him to pick again. I doubt they still will. They will punish CRS for that.


The NJC boxed him.....he had no choice.

He boxed himself.look at the deft move of chimaroke and compare it to foolish ayade.if he has always wanted eneji,the simple thing was to push up his seniors or frame them up.anyway,ikpeme is the cj already.ayade needs to beam his searchlight on the remaining aks in the state service and show them the way out

NORSYK:
It's quite shameful and unfortunate that boo.hari overlooked the gallantry of Major General Nicholas Rogers and Brigadier General Ignatius Nwogu because they are igbos.
With the combination of these Generals with General Rogers as Lafiya Dole commander while General Nwogu was commander 47 Engineer Brigade Maiduguri, they recorded the most success in the fight against Boko Haram to the extent the indigenes of Borno State were praising the Generals from Imo State.

The Igbo military officers should rethink their commitment to the Nigerian course since they aren't being rewarded.

Are you ok? Why do you talk carelessly like this? How can buhari sidestep maj gen attahiru and appoint his junior man gen Nicholas? After buratai,adeosun and irabor,attahiru is next in rank.nwogu is only a brigadier general not even a major general.think well before commenting publicly next time

zoedew:
Quite obvious that Buhari has scant regard for the Judiciary! His people are making excuses for him such as ..... the appointment is inchoate until the National Assembly meets confirm them! What is not legal is illegal. There is no halfway house in the matter!! The National Assembly is a terrible let down!! What is there to confirm! Even the restructuring matter fits and sits squarely on their laps but they can't see that!

Sir,you disappoint me.that judgment is clear judicial rascality.the clearest part of the constitution is the part dealing with appointment. If the constitution wanted nass confirmation, it would have said so.you can see how ministers,ambassadors, cjns are sent to the senate for confirmation.this is not the case with service chiefs sir.no court judgment can override the provisions of the constitution except maybe the supreme court.buhari is right here

jUeLiZ:
you are a fool. That's all I can say to you.

Ayade fumbled.he should have continued appointing acting judges till 2023.anyway,this will make ayade to systematically remove all public servants with aks links