Human rights lawyer, Mr. Femi Falana (SAN), says the four service chiefs appointed by the President, Major General Muhammadu Buhari (retd.), on Tuesday are not yet substantive heads of the Armed Forces until the National Assembly approves their appointment.

Falana said this is based on a judgment obtained by rights lawyer, Mr. Festus Keyamo, in 2013 during the administration of former President Goodluck Jonathan.

Keyamo had while reacting to the judgement delivered by Justice Adamu Bello of a Federal High Court in Abuja, said the then Chief of Army Staff, Lt.Gen Azubuike Ihejirika, the Chief of Air Staff, Air Marshal Alex Badeh; the Chief of Defence Staff, Admiral Ola Ibrahim; and the Chief of Naval Staff, Vice Admiral Dele Ezeoba, were all sacked.

“They have been removed from office, that’s what it means. Even if they want to appeal, the judgment still stands,” Keyamo had said.

However, Keyamo, who is now the Minister of State for Labour and Employment has not reacted to the fresh appointment of service chiefs by the President.

In a statement on Wednesday, Falana said the service chiefs can continue to operate in an acting capacity but their appointments will not be complete without the approval of the National Assembly.

He said, “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 Employment) 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 singlehandedly 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…

“Because it was acknowledged that the judgment was sound and unimpeachable the Federal Government did not challenge any aspect of it at the Court of Appeal. To that extent, the judgment is binding on all authorities and persons in Nigeria in accordance with the provisions of section 287of the Constitution.”

Falana called on Buhari to forward the names of the proposed service chiefs to both houses of the National Assembly for confirmation forthwith otherwise, the appointments are liable to be set aside on the basis of the valid and subsisting judgment of the Federal High Court.

It was learnt on Thursday that the President had not forwarded any letter to the National Assembly seeking the approval of the legislative arm of government as of 4pm.