Mr. Femi Falana, SAN, has joined the league of those calling for the sack of Nigerian service chiefs as he says, a court process will be filed this week seeking the removal of the service chiefs based on the expiration of their tenure.
The Human rights lawyer, said this on Channels Television’s Sunrise Daily programme on Monday.
According to him, it was illegal for the President Muhammadu Buhari to extend the tenure of the service chiefs.
When asked why no one had challenged the matter in court if indeed it was illegal, Falana said;
I can assure you that it is already being escalated. To the best of my knowledge, a suit will be filed during the week in respect of this matter.
My colleague who is now a minister in this government, secured a judgment that service chiefs must be approved by the Senate and President Jonathan had to seek the approval of the National Assembly in line with the judgment of the court.
Now, going by that judgement, the President cannot extend the expired tenure of service chiefs without going to the National Assembly. So, when the House of Representatives recently passed a solution that the service chiefs should go, they should have relied on the judgment to say you cannot extend without approval if you cannot appoint without our approval.
When asked if he implied that Buhari was breaking the law, Falana responded, “for sure.”
According to him, under the Public Service Rules and the Harmonised Terms and Conditions of Service of Military Officers and under Section 26 of the Armed Forces Act, there was no provision for the extension of tenure beyond the period stipulated by law.
He said it was wrong even though it had been done in the past.
You cannot extend the tenure of certain officers while you ask others to go upon putting in 35 years in office
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