A cross section of lawyers in Lagos have expressed satisfaction over a Federal High Court's (FHC) judgment which nullified the appointment of three service chiefs in the country.
The lawyers expressed the view in separate interviews with the News Agency of Nigeria (NAN) on Wednesday, and described the decision as a step in the right direction.
NAN recalls that Justice Adamu Bello of the FHC, Abuja, on Monday gave the order, following a suit filed by a lawyer and social critic, Mr Fetus Keyamo, challenging the manner of appointment of the service chiefs.
The court was asked to determine whether by the interpretation of Section 218 of the 1999 Constitution and Section 18, Armed Forces Act, 2004, the president could appoint service chiefs without ratification by the National Assembly.
Delivering judgment, Bello declared unconstitutional, the appointment of the Chief of Army Staff, the Chief of Air Staff and the Chief of Naval Staff by the president, without first obtaining confirmation from the National Assembly.
The judge also granted an order, restraining the president from further appointing service chiefs for the federation without first obtaining the confirmation of the National Assembly.
A Lagos-based lawyer, Mr Yemi Candide-Johnson (SAN) described the order as ``lawful’’.
``It is the duty of the judiciary to defend law and the constitution.
``From the judgment of the court, it is clear that such appointments cannot be made without having recourse to the national assembly.
``It is most instructive for our leaders to strive to abide by that same law which they swore to uphold.
``The court's judgment is indeed a step in the right direction, and I urge all public office holders to take cue from it,’’ he said
Also, Mr Olusina Adegoke (SAN) said it was high time things were put in proper perspectives in the country.
Adegoke said that it portends danger for the rule of law, where public office holders disregard due process.
He commended the court's decision, adding that it would amount to contempt, if such officers were still allowed to perpetuate themselves in office.
Another lawyer Mr Femi Onakoya said that it was particularly important for there to be a proper enforcement of the court's order.
``I quite appreciate the reasoning of the court in this regard, and I must state that it is a bold step and one which is uncommon.
``Nevertheless, there is a major problem of enforcement of an order of court in Nigeria, so it is desirable for this sacrosanct order to be obeyed," he said.
He therefore urged the appropriate authorities to ensure that the judgment of the court was not thrown in the mud.
[Leadership]
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