Human rights lawyer Femi Falana has faulted the process that led to the appointment of the new service chiefs.

Mr. Falana who raised brow over the procedure in a statement on Wednesday, argued that the service chiefs should be subjected to the confirmation of the National Assembly.

“Upon a critical review of the law on the subject matter the members of the Alliance on Surviving COVID-19 and Beyond (ASCAP) have found that the appointments remain inchoate as President Muhammadu Buhari has not forwarded the names of the proposed service chiefs to the National Assembly for approval in strict compliance with the relevant provisions of the Constitution and the Armed Forces Act,” the statement by senior advocate partly read.

Referencing a 2013 judgement that described the appointments of service chiefs without the confirmation of the National Assembly as illegal and unconstitutional, Mr. Falana however concluded that the service chiefs were only nominated and not appointed.

“The appointments of service chiefs without the concurrence of the National Assembly which had been the practice since 1999 was challenged in the Federal High Court sometime in 2008 by Mr. Festus Keyamo SAN (the current Minister of State in the Federal Ministry of Labour and Productivity) in the case of Keyamo v President Goodluck Jonathan (unreported Suit No FHC/ABJ/ CS/611/2008).

“In his landmark judgment delivered on July 2, 2013, Adamu Bello J. (as he then was) held that it was illegal and unconstitutional, null and void for the President to single-handedly appoint Service Chiefs without the approval of the National Assembly having regards to the combined effect of Section 218 of the Constitution and section 18 (1) & (3) of the Armed Forces Act..,” the statement read.

Mr. Falana  noted that the 2013  judgement was still binding  in accordance with the provisions of section 287 of the Constitution, as the federal government did not challenge any aspect of it at the Court of Appeal.

The human rights lawyer however asked Mr. Buhari to forward the names of the nominated service chiefs to the National Assembly for confirmation.

He  warned that failure to forward the names of the proposed service chiefs to the lawmakers will mean  that the appointment could  be set aside based on the valid and subsisting judgment of the Federal High Court.

President Buhari had on Wednesday announced the appointment of new service chiefs after he accepted the resignation of the outgone service chiefs.

They were however replaced with Major-General Leo Irabor as the  Chief of Defence Staff; Air Vice Marshal Isiaka Oladayo Amao as Chief of Air Staff; Rear Admiral Awwal Zubairu Gambo as Chief of Naval Staff and General Ibrahim Attahiru as Chief of Army Staff.