₦airaland Forum

SPEAKER, House of Representatives, Honorable Yakubu Dogara on Monday disclosed that the current efforts by the House to amend the Armed forces Act was geared towards ensuring that the military perform optimally.

Speaking during Public Hearing organised by the House Committee on Defence on 6 different Bills on defence related matters referred to the Committee by the House, the Speaker said that, “the armed Forces also need to be strengthened to face the numerous security challenges faced by the Country with adequate funding and necessary policy frameworks”.

Commenting on one of the bill, a bill for an Act to amend the Armed Forces Act, Cap.A20, Laws of the Federation, 2004 to make the appointment of Service Chiefs subject to confirmation by the National Assembly, the Speaker said that, “I must say that this bill represents the correct position of the law and judicial authorities. I will dwell a little bit on this bill as it has far reaching constitutional significance for both the National Assembly and the President”.

The Speaker noted that, “in this regard, I wish to draw your attention to the fact that this matter was extensively canvassed in the case of FESTUS KEYAMO VS. PRESIDENT , FEDERAL REPUBLIC OF NIGERIA and 4 others, Suit No.FHC/ ABJ/CS/611/08, where the Federal High Court in a landmark decision held that S. 18 of the Armed Forces which is in pari materia with the current amendment sought by this Bill is not inconsistent with the provisions of the Constitution and therefore valid.

“The Court set aside the Armed Forces Modification Order, 2008, No. 50, made by President Yar’adua purportedly pursuant to S.315(2) of the Constitution, which deleted the requirement for National Assembly confirmation of appointment of Service Chiefs, as unconstitutional”, he stated.

To this end, he said that, ‘This case dramatizes the danger of leaving Section. 315(2) of the Constitution as part of our laws. It was meant to be a transitional provision. We will take the earliest opportunity to revisit the issue of deleting Section 315(2) from the Constitution in the ongoing constitutional review exercise, and hope that the House of Representatives will then rise to the occasion to do its duty in this respect.

“What this decision means is that Section 18 of the Armed Forces Act is an integral part of the Law as currently in operation, since there was no appeal. There may therefore be nothing to amend. But I will leave it to the wisdom of the Committee to deal with as it deems fit. We must however express our thanks to the sponsor of this Bill for drawing the attention of the House and Nigerians to the issue.

With respect to the bill that sought to amend the Armed Forces Act, on appointment of Chief of Defence Staff, he said that the Committee should determine whether deletion of Section 4 of the Act is necessary to achieve the laudable proposals of the Bill which will ensure, if passed, that the office of Chief of Defense Staff is specifically created and is subjected to confirmation by the National Assembly.

The Minister of Defence, Brig- Gen Mansur Dan Ali (rtd) who also spoke at the event said that Section 18 of the Armed Forces Act 2004 should be deleted so that the President can exercise his constitutional powers to appoint Service Chiefs.

The Minister who was represented by the Permanent Secretary Amb Danjuma Sheni said that the appointment of Service Chiefs under the existing Act is in conflict with constitutional provision on the appointment, citing Section 218 of the 1999 Constitution (as amended) which empowers the President to appoint the Service Chiefs to buttress his position.

In his own contribution, the Chief of Naval Staff CNS Vice Admiral Ibokete Ekwe Ibas suggested that there was need to make the appointment of Service Chiefs tenured and rotational through an amendment to the existing Armed Forces Act 2004.

The CNS who was represented, by Lt Commodore G.I Ubong at the hearing said that the appointment of Service Chiefs by the President and Commander of the Armed Forces should be made tenured and rotational among serving military officers in all the six geo-political zones of the country.

http://tribuneonlineng.com/amending-armed-forces-act-%E2%80%95dogara/

Parliamentary approval of the service chiefs is in line with what obtains in other democratic nations. In the US, for example, all members of the Joint Chiefs of Staff (service chiefs) must be confirmed by the US Senate prior to their appointment.

Would have agreed with you if there is/was any atom of pedigree in that house. All I see is an attempt by those elements to pick someone/those they can sandwich between their armpit.


My opinion though

They are not even done with the making of laws and other critical roles they're entrusted with, now they want to confirm service chiefs. Yeye they smell.

Disclaimer:
They are not even done with the making of laws and other critical roles they're entrusted with, now they want to confirm service chiefs. Yeye they smell.

Its all to deepen the doctrine of civilian control over the military. Despite the reservations I have of a majority of the members of the NASS, I support this move by them.

Moreover, I'll go ahead to suggest that the IG, heads of the DSS, DMI, NIA, Immigration, Customs, Prisons should all be confirmed by the Senate.

Our service Chiefs are better controlled by just the President than the rogues in the NASS judging from our level of democratic maturity



Just look at how NASS opinion finds it hard to change on Magu simply because of involvement of their personal interest in discharging their duty

Hmm

These law makers are just fools. Then they should go ahead and remove GCFR from President.

Jobless fools

Very good bill

The service chiefs should be subject to NASS approval

Our match towards becoming a truly democratic country continues

greatiyk4u:
Our service Chiefs are better controlled by just the President than the rogues in the NASS judging from our level of democratic maturity



Just look at how NASS opinion finds it hard to change on Magu simply because of involvement of their personal interest in discharging their duty

Very ridiculous post!

Why not ask the DSS to withdraw its damaging security report from the NASS and see if Magu will not be confirmed?

I like the CNS suggestion of rotational tenure, as for senate confirmation NO COMMENTS

This will not necessarily be a good development; the President is the commander in chief of the armed force,and should therefore have the sole power to appoint and fire service chiefs.
Politicians should not seek to meddle in military affairs, it could become a big problem.

So that the national assembly will have another way to ambush the executive abi?

Nigerdeltaboi:
I like the CNS suggestion of rotational tenure, as for senate confirmation NO COMMENTS

I'm not in favor of the rotational tenure idea. The best man/woman for the job should simply be nominated to the post.

But I love the idea of the service chiefs having guaranteed tenure because tenure will insulate the SCs from unnecessary politricks, especially when a new president takes the reigns of power. Therefore, I'll prefer a 3-yr tenure for the SCs and the Chief of Defense Staff.

In addition, I'll also propose a change to the military chain of command. I believe the chain should run from the president - Defense minister - service chiefs - GOCs (and their equivalents in the navy and air force) - mid level commanders etc.

yarimo:
So that the national assembly will have another way to ambush the executive abi?

Its only legislative oversight over the military.

PDPGuy:
I'm not in favor of the rotational tenure idea. The best man/woman for the job should simply be nominated to the post.

But I love the idea of the service chiefs having guaranteed tenure because tenure will insulate the SCs from unnecessary politricks, especially when a new president takes the reigns of power. Therefore, I'll prefer a 3-yr tenure for the SCs and the Chief of Defense Staff.

In addition, I'll also propose a change to the military chain of command. I believe the chain should run from the president - Defense minister - service chiefs - GOCs (and their equivalents in the navy and air force) - mid level commanders etc.

you raised a valid opinion sir, I wouldn't have agreed more.