After the appointment of Nigeria’s new service chiefs by President Muhammadu Buhari, there has been an uproar by many nigerians and political analyst as regards the country’s constitutional position over the appointments.

Candidreporters.com on Thursday gathered that the legislative arm of the government, the National Assembly were on a collision course over the confirmation of the appointment of the new service chiefs.

Hon. Benjamin Kalu, the Chairman of the House of Representatives Committee on Media and Public Affairs, in an interview with pressmen in Abuja, affirmed that the President must send names of the new service chiefs to the National Assembly for confirmation.

Hon. Kalu noted that the new service chiefs would be on acting capacities until their confirmation by the National Assembly.

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Candidreporters.com earlier reported the appointment of the new service Chief on Thursday.

Those appointed are the Chief of Defence Staff, Major General Lucky Irabor; the Chief of Army Staff, Major General Ibrahim Attahiru; the Chief of Naval Staff, Rear Admiral A.Z Gambo, and the Chief of Air Staff, Air-Vice Marshal Isiaka Amao.

This recent appointment by Nigeria’s president violated a 2013 judgment of a Federal High Court, Abuja.

According to the report, the judgment, which was delivered by Justice Adamu Bello on July 2, 2013, made it mandatory for the President to obtain the confirmation of the National Assembly for the appointment of the service chiefs.

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However, Hon Kalu, in the interview said it was necessary for the National Assembly to confirm the appointment of the service chiefs.

His words: “It is trite law that when a judgment is neither appealed nor upturned, it remains our law on the issue addressed by the decision of court. This is in line with the doctrine of ‘stare decisis’ – a legal principle hinged on precedents

“The Festus Keyamo, SAN’s 2013 case referred to in your question still stands until reversed by an appellate court.”

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