The Senate president Bukola Saraki has claimed that the National Assembly doesn’t have to ratify the recent appointment of the new service chiefs. He said it’s a prerogative of the president.
Buhari had told the newly appointed service chiefs shortly after their appointments on Monday that their nominations would be sent to the National Assembly for confirmation.
“Legally, you are in acting capacity until the National Assembly accepts you. It is only then that you will take the oath of office. Thereafter, we will sit down and talk in more detail,” Buhari said.
But Saraki said in response to a tweet later:
@chinair Appointment of service chiefs is an exclusive function of Mr President. Senate can only approve Ministerial, parastatals etc
— Bukola Saraki (APC) (@bukolasaraki) July 13, 2015
Premium Times reports that a federal high court sitting in Abuja had on July 1, 2013 ruled that any appointment of service chiefs by the president without the approval of the National Assembly is unconstitutional.
Justice Adamu Bello presiding over the case declared the appointments of the service chiefs without National Assembly’s approval as null and void because they did not conform to Section 18 (1) and (2) of the Armed Forces Act, Cap. A20, Laws of the Federation.
Based on that judgment which has not been appealed till date, former president Goodluck Jonathan sought and got the approval of the National Assembly in January 2014 when he appointed Alex Badeh as Chief of Defence Staff, Kenneth Minimah as Chief of Army Staff, Usman Jibrin as Chief of Naval Staff and Adesola Nunayon Amosu as Chief of Air Staff.
