By Eric Ikhilae, Abuja
Legislation consultants have argued that President Muhammadu Buhari is appearing in direct confrontation with the Structure by his insistence in retaining Service Chiefs whose statutory time period of workplace had expired.
Sebastian Hon (SAN) and rights activist, Daniel Makolo argued that neither President Buhari nor any authority has the facility to retain public officers, who was due for retirement and had exhausted his time period of workplace.
In an announcement on Wednesday, Hon expressed fear over Buhari’s refusal to accede to the Nationwide Meeting’s decision on the necessity to sack the present Service Chiefs proudly owning to the worsening safety scenario within the nation.
Hon stated: “Within the first place, although the apply of some Nigerian Presidents, not simply President Buhari, is to increase the retirement of sure public officers, together with army and police chiefs, this apply is unconstitutional, null and void. Sections 215 and 218 of the 1999 Structure as amended have permitted the President or the Police Council (in respect of the Inspector-Common of Police) to nominate service and police chiefs to move our safety departments ‘from amongst serving members’ of the safety physique involved, not these whom the regulation has deemed to have retired or who’re statutorily due for retirement.
“In respect of the police, part 215(1)(a) of the Structure may be very clear on this. In respect of the army service chiefs, part 218(2) of the Structure has empowered the President to nominate them from among the many branches of ‘the armed forces of the Federation as could also be established by an Act of the Nationwide Meeting.
“Now, this ‘Act’ talked about within the Structure is the Armed Forces Act, 2004. Part 18(1) of this Act stipulates that the President can solely appoint the Chiefs of Military, Air and Navy Workers: (a) after session with the Chief of Defence Workers; and (b) topic to affirmation by the Nationwide Meeting.
“The subsection additionally requires such appointees to be ‘officers’ of the Military, the Airforce or the Navy, because the case could also be. Once more, there isn’t any room for appointment of officers who, statutorily, are speculated to have left workplace on retirement.
“Additionally, public officers appointed to such extremely delicate workplaces are supposed to supply desired outcomes, with out which they don’t seem to be supposed to remain any minute additional on their seats, even when their retirement ages are but to mature.
“On this specific case, numerous variety of troopers are being killed by insurgents and bandits; a whole bunch are deserting their formations; a whole bunch are voluntarily retiring; hundreds are reportedly affected by low morale, and so forth, with the attendant civilian losses of unimaginable scales.
“The Nationwide Meeting, qua the Senate, because the custodian of Nigerian Structure – as per the Supreme Courtroom in Inakoju vs. Adeleke (2007) All FWLR (Pt. 354) three at 123 – subsequently, stood in ferma terra (on agency floor) when it unanimously handed a decision that Nigeria’s service chiefs ought to vacate workplace.
“No accountable legislature will sit and watch with non-challant aloofness how Nigeria is cascading down the cliff, into an avoidable abyss.
“Lastly, although in constitutional jurisprudence, parliamentary or congressional resolutions usually are not binding on the Government Arm of Authorities, they serve no less than 4 basic functions: (a) they pour out the ‘thoughts’ of the Legislature; (b) they inform the entire world the Legislature will not be a part of the ‘mess’ – for posterity sake; (c) they galvanise public help for the subject material; and (d) they ship a powerful sign to the watching and ever watchful worldwide neighborhood about snowballing occasions within the physique polity.
“The Presidency ought to, please, be effectively suggested. A sew in time, they are saying, saves 9,” Hon stated.
On his half, Makolo argued, in a letter to President Buhari, that the constitutionally stipulated public service interval of the present Service Chiefs, as officers within the Armed Forces of Federation of Nigeria, got here to an finish a very long time in the past.
Makolo contended that “the continual keep within the public service workplace of the Federation of Nigeria by these gents, as officers of the Nigeria Armed Forces, after the tip of their statutory public service interval is unfair, unlawful, immoral, wrongful and illegal.
“The general public service of the Federation of Nigeria is statutorily designed with particular provisions for entry and exit lawfully.
“The apply of unlawful elongation of the statutory tenure of workplace of any public officer is counter-productive, demoralising and detrimental to profession development of officers in public service usually with harmful penalties.
“The Follow of arbitrary, unlawful elongation of statutory tenure of public workplace occupants units harmful precedent for our forms and nationwide safety.
“Tenure elongation for public servant with statutorily stipulated interval of service is illegal and subsequently unlawful, and all actions of such officers after his/her lawful tenure ended; is or usually are not solely voidable, however are in truth null and void.
“No citizen, officer or workplace, not even yours (the President’s), has the authorized powers underneath our legal guidelines in Nigeria to increase the statutory tenure of any public servant, regardless of, and nonetheless industrious such officer possibly.
“These officers usually are not the one Nigerian residents of belief within the Armed Forces of Nigeria. They need to and should proceed on their retirement instantly like all different Nigerian residents enrolled into the armed forces of Nigeria on the identical time, by the identical organisation, underneath the identical situation of service with them as public servants.
“No matter motion taken in workplace after their stipulated statutory interval of service within the Armed Forces of Nigeria are null, together with deployment of the bottom rating Armed Forces males and officers, not even their driver or any of their private employees.
“Any motion is unfair, unlawful, null and void within the eyes of our legal guidelines in Nigeria right this moment. They lack the requisite authorized authority to approve any fee or disbursement of any amount of cash.
“Such disbursements are unlawful and have to be refunded again to the coffer of the Armed Forces. They not have the powers to carry out any of such duties for the Federal Authorities of Nigeria.
“Their (the Service Chiefs) continued keep in workplace in the identical capability, quantities to a violation of the Structure of Nigeria with impunity, which is undermining the ethical of the serving officers with harmful penalties on the nationwide safety of our fragile nation,” Makolo stated.