A recent screening of the three Service Chiefs by the House of Representatives was against convention, writes Adedayo Akinwale
Constitutionally, the President of the Federal Republic of Nigeria is bound by law to seek the approval of the National Assembly and precisely, the Senate for the confirmation of whomever he nominates for any position.
It is sequel to the confirmation by the Senate before any nomination made by the President can have a legal backing and be constitutionally binding.
Though since President Muhammadu Buhari assumed office since 2015, flouting constitutional provisions is not strange to his administration, as it has been a normal occurrence.
For instance, the former acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, was nominated by the President in 2015, but not confirmed by the Senate, yet, the President kept him in acting capacity for more than five years until his unceremonious exit from the anti-graft agency last June.
Ever since, violating the country’s constitution has been the hallmark of President Buhari’s administration and even violation of the Federal Character is not strange either.
The President’s Gaffe
On January 27, 2021, the President sent a letter to the House of Representatives asking for the screening and confirmation of Service Chiefs.
Against this background, the House at its plenary on 10th February 2021, read a request from the President informing the House of the nomination of Major-General Lucky Irabor, Major-General Ibrahim Attahiru, Rear Admiral Awwal Zubairu Gambo and Air Vice Marshal Ishiaka Oladayo Amao, for appointment as Chief of Defence Staff, Chief of Army Staff, Chief of Naval Staff and Chief of Air Staff respectively.
No doubt, the letter from the President informing the House and seeking the confirmation for the appointments of service chiefs was the latest blunder from the President.
While it was still being deliberated whether the anomaly would be corrected, the Green Chamber seized the window of opportunity to assert its unconstitutional rights in screening of the service chiefs.
To be clear, screening of any appointee of the President is the exclusive right of the Senate in line with the provisions of the 1999 constitution of the Federal Republic of Nigeria (As Amended).
House’s Unusual Exercise
Even though strange, the House last week screened the nominees for the positions of Service Chiefs as requested by the President.
Chairman of the House Committee on Defence and Chairman of the Screening Committee, Hon. Babajimi Benson, said the nominees were presented for confirmation in accordance with the provisions of Section 18 (1) of the Armed Forces Act, Cap A20 Law of the Federation of Nigeria 2004.
He said this was why the committee planned to engage robustly and constructively with the nominees and if confirmed, provides them with all the support they would need to succeed.
Benson said Nigeria as a country was blessed with brave and gallant soldiers, many of whom have paid the ultimate price in service to the country, adding also that it was to their memories that the government must get it right with the national security and help secure the peace for which they gave their lives.
He pointed out that from the inception of the 9th House, national security has been discussed more at several times at plenary, yet, the nation is still grappling with diverse and increasing security challenges, despite some successes recorded by the gallant men and women of the Armed Forces.
“While I appreciate there is no single magic solution, I believe the kind of leadership provided to our Armed Forces is part of the solution mix,” Benson added.
He noted that the committee was aware of the many sensitivities around national security matters, saying, because of its desire to robustly engage the nominees to a good level of granularity across many subject areas, it decided to conduct these vigorous exchanges behind closed doors.
The Chairman said this would not only help protect national security, but more importantly, give the nominee the freedom to respond more adequately, comprehensively and expansively without any fear of an unwitting exposure of sensitive information.
Justification in Context
Spokesman of the House, Hon. Benjamin Kalu, while speaking with THISDAY justified the screening of the new Service Chiefs, saying the House just like the Senate has the constitutional power to carry out the exercise.
Kalu cited Section 18, subsection 1 of the Armed Forces Act, Cap A20 laws of the federation of Nigeria 2004, which he said revealed that Buhari was in order when he sent a letter to the House of Representatives on 27th January 2021 asking for the screening of Service Chiefs.
He also made reference to a 2013 court case filed by the current Minister of Labour and Employment, Mr. Festus Keyamo against the President of the Federal Republic of Nigeria, in which the Supreme Court held that it is the duty of the National Assembly, not just the Senate, to the exclusion of the House.
Agenda of the Service Chiefs
The newly appointed Service Chiefs, at their screening, outlined their programmes for the Nigerian Armed forces.
First to speak was the Chief of Defence Staff nominee, Major General Lucky Irabor, who said if confirmed, his intention is to foster better Armed Forces capable of making effective the imperatives of the constitution.
“By so doing, I intend to have some pillars that are allied to this broad focus of leadership. This may not come out as a vision because I believe that visions are meant for institutions and not individuals.
“As a military commander, I intend to have leadership focus in outlining the broad areas. To this, I intend to build a very professional armed forces that is effective, agile, result-oriented and of course, one that is loyal to constituted authority.”
On his part, the Chief of Army Staff designate, Maj-Gen. Attahiru said he would be working towards a Nigerian Army that is re-positioned to professionally defeat adversaries, adding that his style would be an integrative approach that would involve every Nigerian in providing adequate security for the country.
While promising to provide the right leadership for the Army especially, in this trying times, he said emphasis would be on the role of government and the role of society, where each and every Nigerian would be part of the security architecture to bring an end to the current problems.
He contended that the vision is embedded in the command philosophy, built on specific pillars such as readiness, duty to country, dependability and continuous leadership development. For emphasis, he included mission readiness, training, functional manning and equipment, loyalty, sacrifice to fatherland and continuous leadership development. We will build an Army that will be innovative in the 21st century.
The Chief of Naval Staff nominee, Rear Admiral Auwal Gambo, also called for loyalty, cooperation, commitment, knowledge and skills of all officers, ratings and civilian staff of the Nigerian Navy, saying his goal was to optimally harness these for the benefit of the service and the nation.
“If confirmed as Chief of the Naval Staff, I intend to leverage on all factors of national location, technology, training, teamwork and synergy to re-energize the Nigerian Navy and enhance her as well-motivated and ready to discharge her constitutional mandate and other tasks in fulfillment of the national security objectives,” he said.
Speaking too, the Chief of Air Staff nominee, Air Vice Marshall Isiaka Amao said his focus for the Air Force would be to enhance and sustain critical airpower capability required in pursuit of national security imperatives.
He promised to focus on doctrinal development and joint military operations, pursue purposeful training and human capacity development, as well as ensure that weapons and equipment serviceability are sustained through elevating maintenance methods and logistic support system.
Amao, however, assured Nigerians that he would foster a disciplined workforce essential for combat readiness.
Magashi’s Curious Verdict
Minister of Defence, Maj-Gen Bashir Magashi (rtd), who accompanied the service chiefs to the screening, said the new Service Chiefs were still wearing their old rank instead of the rank of their respective new offices, because the government was waiting for their confirmation by the National Assembly as part of efforts to subject them to civil authority.
Magashi said they would only wear the rank of their new offices after their confirmation by the National Assembly, stressing that the government was aware of the constitutional provision that such crucial appointments were subject to National Assembly’s confirmation.
“I am happy that we did not run afoul of the law. Since they were appointed, we only called them designated and refused them to wear the rank of their various offices. If you see them right now, they are still wearing their old ranks.
“The CDS is supposed to be a full General, while the Service Chiefs should be Lt Generals and equivalent. Let me assure you that the Armed Forces of Nigeria today is fully aware of its constitutional role and we are prepared more than ever before to subordinate the military to civil authority. That we will do in order to promote cohesion and national unity in the country.
“I have no doubt that those nominated by Mr. President will no doubt make this country very proud. I hope the House will recognise the importance of their assignment. Today, we had a setback somewhere and as soon as we finish from here, the appropriate service chief will take care of that. I want to assure you that we will deliver on the expectations of Nigerians,” he said.
