Pro- democracy advocacy group: HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has asked the President and Commander-in-Chief of the Armed Forces of Nigeria to regularize the appointment of a service
Chief for the Nigeria Army since the extant harmonised Armed forces Act doesn’t envisage the position of an Acting Chief of Army Staff.
HURIWA also maintained that since the President of Nigeria has no
power of law making constitutionally, the appointment of acting chief of army staff which is unknown to law, should be changed to substantive army chief which would also see to the retirement of Lieutenant General Taoreed Lagbaja from the Nigerian Army even as all his benefits should be paid in totality and he be allowed to recuperate without distraction.
HURIWA stated that the position of Chief of Army Staff is not hereditary and so there is absolutely no need to violate an extant law just to await the full recovery to complete health and wellbeing of the ailing
chief of Army Staff Lieutenant General Taoreed Lagbaja.
HURIWA argued that by the provisions of the constitution, only the National Assembly or state Assembly have the power of law making or amendments of extant laws. Specifically, section 4 of the 1999 constitution provides that “The legislative powers of the federal Republic of Nigeria SHALL be vested in a National Assembly for the federation, which SHALL consist of a Senate and a House of Representatives.
HURIWA in a media statement endorsed by the National coordinator Comrade Emmanuel Onwubiko also faulted the statement by the chief of defense staff, that the appointment of acting chief of army staff is deemed appropriate by mere pronouncement of President Bola Ahmed Tinubu even when the harmonised armed forces Act doesn’t envisaged that designation which makes it manifestly illegal and unconstitutional.
HURIWA recalled that the Chief of Defence Staff, Gen. Christopher Musa, said appointment of Acting Chief of Army Staff is a new development in the history of the Nigerian military.
He, however, said since President Bola Tinubu who is the Commander-in-Chief of the Armed Forces of Nigeria had done that in line with the laws that established the military, it should remain as such.
HURIWA further recalled that General. Musa stated this at Defence Headquarters, Abuja last Friday when the newly appointed acting Chief of Army Staff, Maj.-Gen. Olufemi Oluyede, took over the leadership of the Nigerian Army in acting capacity.
HURIWA recalled that Major. General Oluyede was appointed on Wednesday last week pending the return of the substantive Chief of Army Staff, Lt.-Gen. Taoreed Lagbaja, who is presently indisposed.
The Rights group said this contradiction happened days after the Defence Headquarters claimed the appointment of an acting Chief of Army Staff was alien to it Harmonised Armed Forces Act.
HURIWA recalled however that whilst speaking before presenting a handing over note to Oluyede, the Chief of Defence Staff said, “I’m not sure where we are, but the event today is something that is new that has never happened in the history of the Armed Forces of Nigeria.
“The President and I met with the authorities. We have decided and directed and appointed an acting Chief of Army Staff with the full power to lead the Army until the President decides otherwise.”
Citing the laws that established the armed forces to corroborate the new development, he said the military, being a professional force will have to continue with their task ahead in the face of security challenges facing the country.
“No doubt, based on the challenges we have in the country, and the wisdom of the President, Commander-in-Chief, that today we present the authority to the Acting Chief of Army Staff for him to have full control and command of the Nigerian Army.
“By this appointment, the responsibilities of administering the Nigerian Army now rest on you.
Your responsibilities are wide and varied, and cannot be covered in this administrative note. This note is only an administrative procedure
“To follow, all shall yield to your new responsibility and to begin to immediately continue administering the affairs of the Nigerian Army, General Musa concluded.
HURIWA however disagreed with the chief of defense staff because according to the group, the provisions of the harmonized Armed forces Act can only be amended by the National Assembly and not by the mere pronouncement of the serving President who is the commander-in-chief of the armed forces.
HURIWA cautioned against allowing the illegality to continue when it is so clear that there are options such as either amending the extant harmonised Armed forces Act to accommodate the designation of an Acting Army Chief before making the appointment of Major General Oluyede or the President should immediately name General Oluyede as SUBSTANTIVE ARMY CHIEF by retiring the ailing chief of army staff Lieutenant General Taoreed Lagbaja with full benefits.
HURIWA cited part VII, Article 18 of the harmonised Armed forces Act which has no place for an acting army chief because that provision stated thus: “PART VII
Administration, Government and Command
Command
18. Appointment of Service Chiefs, etc.
(1) The President, may, after consultation with the Chief of Defence Staff and subject to confirmation by the National Assembly, appoint such officers (in this Act referred to as “the Service Chiefs”) as he thinks fit, in whom the command of the Army, Navy and Air Force, as the case may be, and their Reserves shall be vested.
(2) The Service Chief shall be known-
(a) In the case of the Nigerian Army, as the Chief of Army Staff;
(b) In the case of the Nigerian Navy, as the Chief of Navy Staff; and
(c) In the case of the Air Force, as the Chief of Air Staff.
(3) Subject to the terms of appointment of the Service Chiefs and to such directions as to the operational use of the Army, Navy and Air Force as may be given under section 8 of this Act, the Service Chiefs shall have the command, direction and general superintendence of the Army, Navy and the Air Force respectively, and their Reserves.
(4) The President may, before consulting with the Chief of Defence Staff, consult with the Forces Council, but the question as to whether any consultation was held or what happened in the course of a consultation shall not be enquired into”.
HURIWA is therefore asking President Tinubu to immediately appoint OLUYEDE as army chief by retiring the ailing army chief or alternatively, the harmonised Armed forces act should be amended to provide for acting service chiefs.