More Promotions, Retirements, Redeployments, Civilian Control in Military Likely: Jonathan Says

IN Abuja, the sweeping retirement of Admiral Ola Sa’ad Ibrahim (Chief of Defence Staff), Lt.-Gen. Onyeabo Azuibuike Ihejirika (Chief of Army Staff) and Vice Admiral Dele Ezeoba (Chief of Naval Staff) was a surprise message by President Goodluck Jonathan that he is in charge. It was announced just before the President left for the Wadate Plaza national headquarters of the People’s Democratic Party (PDP) where he officiated as the undertaker to the chairmanship of PDP by Dr. Bamanga Tukur.


For a city transfixed in the ding-dong political ‘fisticuffs’ over the continued stay in office of Tukur, the new appointments caught even some of the outgoing Service Chiefs by surprise. For example, Vice Admiral Ezeoba was at the National Defence College, Abuja in the morning to deliver a lecture on the Nigerian Navy to participants of Course 22 of the college. He was still at the college when the Abuja rumour mill went agog with news of his retirement. It was unusually shrouded in secrecy until the statement was released by Presidential spokesman, Dr. Reuben Abati.


And going by the appointments, President Jonathan may be trying to put his own stamp on the future and structure of the Nigerian military. The new appointments will entail a definite gale of retirements, redeployments and promotions. As expected, there would be reorganisation of the services – Army, Navy and Air Force, with the new service chiefs bringing in new people to fill vacancies that may be created by imminent retirements. Such retirements would be triggered by the rule that senior officers cannot serve under their subordinates. And the retirements will create vacancies within the senior officer ranks, which could also lead to a record numbers of officers being promoted at the end of this year.


For the Army, all officers under Course 24 who could not be accommodated at Defence Headquarters are to proceed on voluntary retirement. This is because the new Chief of Army Staff, Major General Kenneth Tobiah Jacob Minimah is a member of the Nigerian Defence Academy’s 25 Regular Course. Gen. Ihejirika is a member of Course 18. Because of this, there are Courses 21, 22, 23 and 24 serving in Army Headquarters. They are expected to leave. In addition, some of Gen. Minimah’s course mates may also have to retire, as there are not enough vacancies to accommodate all of them in Army Headquarters or their slots in Defence Headquarters.


The same fate befalls members of Course 22 and 23 in the Navy. The new Chief of Naval Staff, Rear Admiral Usman Jibrin is a member of Nigerian Defence Academy’s 24 Regular Course. The retirement options will also affect Courses 21, 22, 23 and 24 in the Air Force. The new Chief of Defence Staff and former Chief of Air Staff, Air Marshal Badeh is a member of the Nigerian Defence Academy’s 21 Regular Course while the new Chief of Air Staff, Air Vice Marshal Adesola Nunayon Amosu is a member of the Nigerian Defence Academy’s 25 Regular Course.


The new appointments will also come with new ranks. In line with precedence, Badeh will adorn a full four-star general rank of Air Chief Marshal, the third Nigerian Air Force officer to be so elevated. The first was Air Chief Marshal Paul Dike in 2008 and Air Chief Marshal Oluseyin Petinrin in 2010. Minimah will be decorated with the three-star rank of Lieutenant General; Jubrin with the same rank equivalent of Vice Admiral and Amosun with Air Marshal.


The appointments are also a novelty as this is the first time in the history of Nigeria that new CDS and the Service Chiefs will face a formal confirmation hearing in the Senate. The confirmation hearings will enable them to give a clue as to the direction of their services while enabling the senators to help shape the policy of the incoming leaders and stamp the civilian oversight of the military on the top commanders right from the outset.


The fight for this confirmation hearing did not come easy. In the Suit No. FHC/ABJ/CS/611/2008 filed by Mr. Festus Keyamo, he had sought a determination on whether by the combined interpretation of the provisions of Section 218 of the Constitution of the Federal Republic of Nigeria, 1999 and Section 18 of the Armed Forces Act, Cap. A.20, Laws of the Federation of Nigeria, 2004, President Jonathan can appoint the Service Chiefs of the Federation – Chief of Army Staff, Chief of Naval Staff and Chief of the Air Staff without the confirmation of the National Assembly.


Section 218 of the Constitution of the Federal Republic of Nigeria, sub-section (2) states: “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.”


Section 18 of the Armed Forces Act dealing with appointment of Service Chiefs, sub-section (1) 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.”


On July 1, 2013, an Abuja High Court presided over by Justice Adamu Bello declared the appointments of all the service chiefs in the country unconstitutional, illegal, null and void and also barred the President from appointing Service Chiefs for the federation without the consent of the National Assembly. The new appointments and subsequent announcements that will be confirmed by the Senate is democracy in action and a sure way of enshrining clearly the subjugation of the military to civilian control.