Who are service chiefs and how are they chosen? Here’s what the law says
In a move that sparked mixed reactions across the country, President Bola Tinubu, on Tuesday, June 19, 2023, announced the immediate retirement of all service chiefs and their replacements. This is coming just less than a week after he removed the Chairman of the Economic and Financial Crimes Commission (EFCC), AbdulRasheed Bawa.
“President Bola Ahmed Tinubu, GCFR, has approved the immediate retirement of all service chiefs and the Inspector-General of Police, advisers, Comptroller-General of Customs from service as well as their replacements with immediate effect,” Willie Bassey, Director of Information to the President, said in a statement.
With the prevailing insecurity left by the past administration of President Muhammadu Buhari, an ex-army General, the new appointments appear to have elated some Nigerians who hope that the new service chiefs will carry out their assigned duties to reduce the insecurity in the country.
Service chiefs refer to the top-ranking military officers who are appointed to lead and manage the various branches of the Nigerian Armed Forces. The branches include the Chief of Defence Staff (CDS), Chief of Army Staff (COAS), Chief of Naval Staff (CNS), and Chief of Air Staff (CAS).
Here’s how Service Chiefs are appointed in Nigeria
It is widely believed that the appointment of service chiefs in Nigeria is the prerogative of the President, who serves as the Commander-in-Chie of the Armed Forces.
This is in line with the provision of Section 218 of the 1999 Constitution as amended.
Here’s what the Constitution says:
(1) The powers of the President as the Commander-in-Chief of the Armed Forces of the Federation shall include the 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 the 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.
In 2004, the Armed Forces Act was enacted into law by the National Assembly, which specified the procedures required for the appointment of service chiefs in Nigeria.
Section 18(1) of the Act states that “the President, may, after consultation with the Chief of Defence Staff and subject to confirmation by the National Assembly, appoint such officers (in this Act referred to as ‘the Service Chiefs’) as he thinks fit, in whom the command of the Army, Navy, and Air Force, as the case may be, and their Reserves shall be vested.”
In 2021, when Buhari appointed new service chiefs, renowned human rights lawyer Femi Falana described it as illegal and in violation of the constitution and made reference to a ruling in 2013 that nullified ex-President Goodluck Jonathan’s appointment of service chiefs.
“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 single-handedly appoint service chiefs without the approval of the National Assembly, having regard to the combined effect of Section 218 of the Constitution and Section 18 (1) & (3) of the Armed Forces Act,” he said.
Traditionally, the President considers various factors when appointing service chiefs. These factors include seniority within the military, experience in combat and leadership roles, expertise in specific domains (e.g., land, sea, air), and the need to maintain a balanced representation across regions and ethnic groups in Nigeria.
The new Chief of Defence Staff, Major General Christopher Musa, hails from Zangon Kataf Local Government Area of Kaduna state in the North West. Major General Taoreed Lagbaja, the new Chief of Army Staff, is from Osun State, South West. Other appointments include Air Vice Marshal Hassan Abubakar as Chief of Air Staff from the North West, Rear Admiral A. Emmanuel Ogalla as Chief of Naval Staff from the South East, Emmanuel Undiandeye as Chief of Defence Intelligence from the South-South, and Nuhu Ribadu as National Security Adviser from the North East. DIG Kayode Egbetokun, from the South West, has been appointed as the Acting Inspector-General of Police.
While it appears that many Nigerians believe that the appointment by Tinubu is spread across the geo-political zones, there has been criticism in some quarters that the North Central was not represented in the appointment.
With the past administration leaving a huge insecurity challenge, such as banditry in the North West, separatist agitations in the South East, and clashes between herdsmen and farmers in the North Central, the appointment of service chiefs can have significant implications for the country’s security and military operations.
