Keyamo Issues 14-Day Ultimatum To Jonathan To Remove Service Chiefs

Posted by African Examiner Ayo Balogun, Featured, Latest Headlines, News Tuesday, January 7th, 2014

Ayo Balogun, Lagos

Lagos lawyer, Festus Keyamo has written to President Goodluck Jonathan, issuing the president 14-day ultimatum to immediately remove three Service Chiefs appointed by the president last year in compliance with a court order which nullified their appointment as null and void.

Lagos Lawyer Festus Keyamo

The affected Service Chiefs are: Lt-General Azubuike Ihejirika, Chief of Army Staff; Air Vice Marshal Alex Sabundu Badeh, Chief of the Air Staff and Rear Admiral Dele Joseph Ezeoba, Chief of Naval Staff.

Justice A. Bello of the Federal High Court, Abuja had on July 1, 2013 declared the appointment of the Service Chiefs as null and void as their appointment was not ratified by the National Assembly.

Keyamo, in a letter to the President, the Senate President and the Speaker, House of Representatives said he obtained a court judgment in the case of Festus Keyamo V PRESIDENT & 4 ORS, delivered by the Honourable Justice A. Bello of the Federal High Court, Abuja wherein he declared that the appointments of Service Chiefs (The Chief of Air Staff, the Chief of Army Staff and the Chief of Naval Staff) without the approval of both the Senate and the House of Representatives was null and void in line with Section 18(1) and (2) of the Armed Forces Act, Cap. A20, Laws of the Federation of Nigeria, 2004.

“Up till now, no appeal has been filed against that judgment. It goes without saying that all the present Service Chiefs namely:Lt-General Azubuike Ihejirika (Chief of Army Staff), Air Vice Marshal Alex Sabundu Badeh (Chief of the Air Staff) and Rear Admiral Dele Joseph Ezeoba (Chief of Naval Staff), were all appointed without the confirmation of the National Assembly. Their appointments are therefore null and void ab initio.

“Your Excellencies, and Honourable Speaker may I, most respectfully remind you that ours is a constitutional democracy founded on the rule of law and not the rule of force. In fact, that is why the real intent of Section 18 of the Armed Forces Act is to subject the Armed Forces to civil authority.

“It is also pertinent to observe that neither the President nor the Service Chiefs are constitutionally superior to the National Assembly. As a result, the appointments of Service Chiefs, which are political appointments, cannot be different from other political appointments that require the confirmation of the National Assembly, e.g the Chief Justice of Nigeria, Justices of the Supreme Court and Court of Appeal, Chairman of Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and Other Related Offences Commission (ICPC), Ministers of the Federation and Ambassadors,” he said in the letter.

Keyamo warned the president not to give the impression that the military is still above the law, saying “that the most embarrassing of this scenario is that the custodians of the power of confirmation, that is the National Assembly, despite folding its arms whilst he proceeded to court to give life to its constitutional powers, had even refused to do anything to comply with the judgment when a court of law has clearly given life to that power. It is sad for our democracy.”

“As it is today, all official actions taken by the Service Chiefs since the 1^st of July, 2013, when Judgment was delivered are null, void and of no effect in the eyes of the law. It only needs someone who is affected by their official actions to challenge their authority in a court of law.

“In the circumstance, and the spirit of compliance with court judgments, obedience to and respect for the rule of law, I would humbly require that you direct, advice and enforce compliance with the judgment of the Federal High Court given on the 1^st of July, 2013,” he stated.

“If within 14 days of the receipt of this letter you all fail to act I, as a patriot and free citizen of this country, will have no option but to head back to the court to compel compliance. The ball is in your court,” Keyamo warned.