…Calls for proper equipment of Nigeria police

…N/Assembly input not necessary

By Levinus Nwabughiogu

ABUJA-Speaker of the House of Representatives, Yakubu Dogara and the Military Defence Headquarters on Monday differed on the input of the National Assembly in the confirmation of the appointment of Service Chiefs by the President.

Yakubu Dogara

Why Dogara said it was necessary, the Defence Headquarters said otherwise, advocating for the deletion of entire Section 18 of the Armed Forces Act.

The opposing views featured at a Public Hearing organised by the House Committee on Defence on 6 different Bills on Defence related matters where Dogara recalled a certain judgment of a Federal High Court on the issues of confirmation of Service Chiefs by the National Assembly, saying it was dangerous to entirely dangerous to continue retaining Section 315(2) of the 1999 Constitution which stipulates that “The appropriate authority may at any time by order make such modifications in the text of any existing law as the appropriate authority considers necessary or expedient to bring that law into conformity with the provisions of this Constitution” in today’s Nigeria.

He said that the House of Representatives was considering altering that provision in the ongoing constitutional amendment.

The Speaker also called for proper equipping and staffing of the Nigerian Police, saying achieving this would enable them tackle the contemporary security challenges.

The 6 Bills seeking to become Acts of Parliament included Bill for an Act to amend the Armed Forces Act, Cap.A20, Laws of the Federation, 2004 to make the appointment of Service Chiefs subject to confirmation by the National Assembly, (HB.70); A Bill for an Act to establish the Security Services Welfare Infrastructure Development Commission to provide among other things NG’s, management and review  the state of welfare infrastructure of the Security Services and for other matters connected therewith, (HB.83); A Bill for an Act to amend the Armed Forces Act, Cap.A20, Laws of the Federation, 2004 to provide for the appointment of Chief of Defence Staff, (HB.149); A Bill for an Act to repeal the Defence Industry Corporation of Nigeria Act, Cap. D4, Laws of the Federation, 2004 and enact the Defence Industry Corporation of Nigeria and for other related matters connected therewith, Bill, 2016,(HB.399); A Bill for an Act to amend the Armed Forces Act, Cap.A20, Laws of t the Federation, 2004 to among other things provide for specific duties for the Armed Forces Reserve in order to serve as a Rapid Response Mechanism with capacity to intervene in Emergency and Internal Security where the Nigerian Police is overwhelmed, (HB.411); A Bill for an Act to amend the Armed Forces Act, Cap.A20, Laws of the Federation, 2004 to provide for the Retirement age of Officers of the Nigerian Armed Forces and for other matters connected therewith, (HB.802).

Dogara who also gave the synopsis of the Bills said: “In this regard, I wish to draw your attention to the fact that this matter was extensively canvassed in the case of FESTUS KEYAMO VS. PRESIDENT , FEDERAL REPUBLIC OF NIGERIA and 4 others, Suit No.FHC/ ABJ/CS/611/08, where the Federal High Court in a landmark decision held that S. 18 of the Armed Forces which is in pari materia with the current amendment sought by this Bill is not inconsistent with the provisions of the Constitution and therefore valid. The Court set aside the Armed Forces Modification Order, 2008, No. 50, made by President Yar’adua purportedly pursuant to S.315(2) of the Constitution, which deleted the requirement for National Assembly confirmation of appointment of Service Chiefs, as unconstitutional.

“This case dramatizes the danger of leaving S. 315(2) of the Constitution as part of our laws. It was meant to be a transitional provision. We will take the earliest opportunity to revisit the issue of deleting S. 315(2) from the Constitution in the ongoing constitutional review exercise, and hope that the House of Representatives will then rise to the occasion to do its duty in this respect.

“What this decision means is that S. 18 of the Armed Forces Act is an integral part of the Law as currently in operation, since there was no appeal. There may therefore be nothing to amend. But I will leave it to the wisdom of the Committee to deal with as it deems fit. We must however express our thanks to the sponsor of this Bill for drawing the attention of the House and Nigerians to the issue.

“On (HB.83), which seeks to set up the Security Services Welfare Infrastructure Development Commission, I will caution that the Committee should examine the matter carefully in order not to impede the autonomy of the various Services in providing for the welfare of their members. The Committee should also examine the need to set up yet another Commission in these austere times. But again I leave it to the wisdom of this distinguished Committee to determine.

“With respect to (HB.149) which seeks to amend the Armed Forces Act, the Committee should determine whether deletion of S. 4 of the Act is necessary to achieve the laudable proposals of the Bill which will ensure, if passed, that the office of Chief of Defense Staff is specifically created and is subjected to confirmation by the National Assembly.

“On (HB.399) which seeks to repeal and re-enact the Defence Industry Corporation of Nigeria Act, the Committee should carefully distinguish whether the Corporation is suitable to perform the duties of a Regulatory agency or whether it should continue to be a manufacturing entity for the defence needs of Nigerians. The stakeholders gathered here should give the Committee the benefit of their views in this regard.

“HB.411 is a Bill to amend the Armed Forces Act, to provide for matters relating to the Armed Forces Reserve. Once again, I will admonish the Committee to consult widely with stakeholders on the need to transfer the powers of Mr President who is the Commander in Chief of the Armed Forces, to make Regulations with respect to the members of the Reserves of the Armed Forces to the Chief of Defence Staff.

“HB.802 also seeks to amend the Armed Forces Act, to provide for the Retirement age of Officers of the Nigerian Armed Forces.”

On his call to equip the Nigerian police, Dogara said: “Permit me Honourable colleagues, Ladies and Gentlemen, to once again use the opportunity of this hearing to call for the proper equipping, staffing and training of the Nigerian Police which is the civil authority designed to protect Nigerians in a democracy in the ordinary course of events.

“The House of Representatives stands ready to play its part working in concert with the Executive branch towards proper funding and support of the Police to play its role. The armed Forces are doing a great job of assisting in maintenance of internal Security currently as the Police is ill equipped, improperly manned and too weak financially to perform its duties. It has also become necessary and urgent to re-examine the current architecture of policing in Nigeria to make it structurally strong and effective.

“The spate of insecurity, rampant kidnappings, terrorism, civil strife and threats to our corporate existence as a nation are too weighty and too important to be left unaddressed or to continue to be treated in a business as usual manner. As a Government we owe it a duty to ensure that Nigerians do not continue to die in in their numbers since the most important constitutional duty of the State is the Security and welfare of the people.

“The armed Forces also need to be strengthened to face the numerous security challenges faced by the Country with adequate funding and necessary policy frameworks.”

We should delete Section 18 in Armed Forces Act, retain Section 218 in constitution-Defence Headquarters

But speaking on the contrary of the Dogara’s position, the Chief of Defence Staff, CDS, Ekwe Ibas represented by AVM Ibrahim Shafi while expressing support for the Bills submitted that the position of Defence Headquarters was that Section 18 of the Armed Forces Act should be deleted since it had been covered by Section 218 of the Constitution.

He said it was in conflict with the provision of the constitution.

He said: “Our position is that the entire section 18 of the Armed Forces should be deleted. It is in direct collusion course, in conflict with Section 218 of the Constitution. The Armed Forces Act did not provide for the CDS. There is a lacuna which should be amended.”

For emphasises, Section 218 provides that “(1) The powers of the President as the Commissioner-in-Chief of the Armed Forces of the Federation shall include power to determine the operational use of the armed forces of the Federation.

“(2) The powers conferred on the President by subsection (1) of this section shall include power to appoint the Chief of Defence staff, the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air Staff and heads of any other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

“The President may, by directions in writing and subject to such conditions as he think fit, delegate to any member of the armed forces of the Federation his powers relating to the operational use of the Armed Forces of the Federation.

“(4) The National Assembly shall have power to make laws for the regulation of (a) the powers exercisable by the President as Commander-in-Chief of the Armed Forces of the Federation; and

(b) the appointment, promotion and disciplinary control of members of the armed forces of the Federation.”

Also speaking, the representative of Chief of Naval Staff and Director, Legal Services, Patrick Nimyel called for the rotation of the position of the Director-General of the Defence Industries Cooperation of Nigeria, DICON and the position of Chief of Defence Staff amongst the Services.

“The issue of the Chief of Defence Statff should also be rotational between the Service. The appointment should also be tenured. It will help the issue of confirmation”, he said.

In their separate inputs, the Nigeria Police and the Office of the Attorney-General of the Federation, AGF support the enactment of the Acts.

For the office of the National Security Adviser, NSA, the creation of another Commission was not necessary; instead, various areas of lacuna should be identified and filled up.

In her remarks, the sponsor of the Security Services Welfare Infrastructure Development Commission Bill, Hon. Onyemachi Mrakpor said that “The Bill seeks to establish a Commission that will be charged with the responsibility of handling the provision of welfare and infrastructure for the services commonly as opposed to the current practice where each service is required to cater for itself.”