Falana: President Buhari is breaking the law

Human rights lawyer, Femi Falana on Monday said President Muhammadu Buhari is running afoul of the law in his decision not to terminate the current crop of security Service Chiefs. Mr Falana, who appeared on Sunrise Daily, argued that the laws regulating military officers require the retirement of military officers who have served for 35 years or have reached the age of 60.

He added that a lawsuit would be filed this week in respect of the matter. In an interview that lasted more than 20 minutes, Mr Falana also said President Buhari “must be prevailed upon” to acknowledge the possibility of “internal sabotage” within the military in the war against insurgency.

Responding to statements from the Presidency cautioning against public protests against the government, Mr Falana said such comments should be “embarrassing” to the President who, before he took the country’s reins, had led public demonstrations.

What Falana Actually Said:
“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. “To the best of my knowledge, a suit will be filed during the week, in respect of this matter.

“The President must be prevailed upon to appreciate that we may also be undergoing what you might describe as internal sabotage (in the fight against insurgency) by many members of the armed forces who simply feel since these are the people who can stop insurgency or terrorism, let them go ahead. Because the Chief of Army Staff himself has had an occasion to accuse members of the armed forces of not doing enough.

“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 judgement, 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.”