Service Chiefs: Buhari Has Breached The Law – Falana

By Ayodele Oluwafemi

Civil rights lawyer, Chief Femi Falana has accused President Muhammadu Buhari of breaching the constitution in the sustenance of the service chiefs saying that constitutional requirements for the extension of their service terms were not complied with.

The lawyer spoke on Channels Television ahead of planned protests by some yet to be known organizations for the removal of the service chiefs.

Falana also drew attention to the fact that protests were rights provided for by the law saying that he had in the past represented the president in asserting those rights.

“Under the public service rule, under the harmonised rules for military officers in Nigeria and under Section 6 of the armed forces act, which empowers the President to make rules and regulations for the military, there is no provision for extension of tenure (for Service Chiefs) beyond the period stipulated by law. It has been done in the past, but that does not make it right. There is equality before the law, so you can’t extend the service of certain officers while you ask others to go after 35 years of service or the attainment of 60 years of age.

“The Service Chiefs are retiring officers who have served for 35 years or have reached the age of 60 – it is their fault not to appeal to the President for them to go or to resign.

On Caution Against Public Protests

“Is the Nigerian state telling us that a protest by 2,000 people cannot be managed? What on earth is going on? We have to recognise the right of Nigerians to protest for or against the government. And just last week in Abuja sponsored agents of the government staged a protest asking the government to expel Amnesty International from Nigeria. Even against me, the government had sponsored some elements to demonstrate in Abuja. I have evidence. If the government can mobilise support and get its agents to demonstrate in favour of its own policies; Nigerians must also be given the opportunity to demonstrate against policies of the government considered inimical to their interest.

“I want to believe that some of these statements oozing out of the Presidency are meant to embarrass the government, particularly President Muhammadu Buhari. Because the case of ANPP and Inspector General of Police decided by the Court of Appeal in December 2007 on the rights of Nigerians to demonstrate without police permit, without the fiat of the government, was handled for the former leaders of the ANPP, who are now in the APC, by my humble self, from the High Court to the Court of Appeal; and that is the law today.

“Following that judgment, the National Assembly in 2015 amended the Public Order Act by imposing a duty on the police to provide security for Nigerians who wish to demonstrate. That is the law today.

“Whenever I have had cause to lead a demonstration or participate in one, we have always written to the police for protection, not for permit. And I must confess, so far, I have not had any case where we have been told not to demonstrate. The only time, I think, was last year when Professor Soyinka and I were supposed to address a meeting and the police said it won’t take place; I said no, call the authorities, this is the right we have fought for and won. And in fairness to them, we were allowed to have the program.

“What is particularly embarrassing is that on the 20th of November 2014, the Presidential Candidate of the APC, General Muhammadu Buhari, now President Muhammadu Buhari, the then APC Chairman, Chief John Oyegun, two current Ministers, Dr. Sylvester Onu and Rotimi Amaechi, led others to demonstrate in Abuja against insecurity in the country, and they were more than 2,000. Heavens did not fall and heavens will not fall this time around.”

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