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Furore in Senate over Armed Forces Service Commission Bill

Disagreement, antagonism and heated debate greeted the Senate in plenary, yesterday, following consideration by Senators, of a bill seeking to establish Armed Forces Service Commission. The bill, which triggered the legislative fireworks among Senators, was sponsored by the Senate Minority Leader, Enyinnaya Abaribe, and considered for second reading. The major provision in the bill, which provoked those opposed to it to vehemently resist its passage for second reading is that the Commission shall recommend to the President officers to be appointed as service chiefs.

In the course of the debate, it was observed that Senators took geo-ethnic cum partisan directions in their arguments, thereby making the debate irreconcilable till the President of the Senate called for a closed-door session to resolve the matter. Apart from the Senate Leader, Yahaya Abdullahi, most of the Northern Senators who contributed to the debate, strongly frowned at the proposed legislation while their Southern counterparts, apart from the Deputy President of the Senate, Ovie Omo-Aggege, supported the bill. There were also traces of bias based on political party affiliation but geoethnic consideration appeared to have dominated the debate.

The controversial legislative proposal, is entitled: “A Bill for an Act to give effect to Section 219 of the 1999 Constitution of the Federal Republic of Nigeria to provide for the establishment of the Armed Forces Service Commission and for other related matters, 2021 (SB.362)”.

After introducing the bill by the sponsor, Senator Istifanus Gyang, representing Plateau North Senatorial District, seconded the motion for the bill to be debated and passed for second reading. In his lead debate, Abaribe noted that the bill “seeks to get the National Assembly to give effect to the clear provisions of section 219 of the Constitution of the Federal Republic of Nigeria 1999 as amended, which stressed on the need to make appointments in accord with Federal Character principle.

“Mr. President, Distinguished Colleagues, this Bill seeks to establish the Armed Forces Services Commission to ensure that the composition/ appointment of Service Chiefs of the Armed Forces of the Federation reflects Federal Character of Nigeria in the manner prescribed in section 217 (3) of the 1999 Constitution. For clarity, Section 219 states as follows”, he stated.

On the functions and powers of the proposed Commission, the Minority Leader said that the Commission shall: “have the power and authority pursuant to section 219 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) to ensure that the composition/ appointment of Service Chiefs of the Armed Forces of the Federation reflects Federal Character of Nigeria in the manner prescribed in section 217 (3) of the 1999 Constitution.

“Ensure that the functions Specified in section 217 of the 1999 Constitution; and the powers exercised by the President in the appointment of Service Chiefs and officers Corps and other Ranks of the Armed Forces of the Federation in section 218 of the 1999 Constitution reflects the said section.

He also noted that the Commission shall have powers to recommend to the President from among the best and most qualified, most educated and most experienced members of the Armed Forces of the Federation for appointment as Chief of Defence Staff; Chief of Army Staff, Chief of Air Staff; Chief of Naval Staff, Director of Military Intelligence, and Heads of other Arms-bearing Security Agencies and ensure that such appointments reflects the Federal Character of Nigeria. Abaribe further hinted that the Commission shall have power to recommend to the President the removal from office as Service Chiefs and Head of other Arm-bearing Security Agencies on ground of misconduct, abuse of office, breach of any section of the Constitution, the Armed Forces Act or any other Act of the National Assembly.

According to him, the Commission shall approve promotion from among the best, most competent and qualified officers as Heads of Military formations/ branches such as General Officers Commanding Divisions of the Nigerian Army and their equivalent in the Navy and Air Force.

Contributing, Senate Leader, Yahaya Abdullahi, expressed his total support for the Bill, saying: “I stand before this distinguished chamber to affirm that this Bill stands on very solid constitutional grounds from Sections 217, 213 and 219. They imposed it as a duty of this hollowed chamber to provide for the establishment of an institution to manage the armed forces. “What the section has done is to share the management of the armed forces between the Executive and the Legislature. It gives the legislature the powers to manage the affairs of the Nigerian Armed Forces.

Running away from this is running away from our constitutional responsibility”, he argued. In his contribution, Senator Michael Bamidele (APC-Ekiti), also supported the bill, saying that the time was ripe to have the Commission to implement the provisions of Section 219 of the Constitution. His words: “Mr President, this is one of those moments again where, as elective representatives of the people who swore to uphold the Constitution of the Federal Republic of Nigeria, we have to take the decision as to whether or not we want to stand and uphold clear provisions of the Constitution or allow whatever primordial sentiments to make us shy away from upholding the Constitution.

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