The Senate at its plenary session of Wednesday, 17 March 2021 voted against the Bill seeking to establish the Armed Forces Commission (SB 362) to be responsible for the composition and appointment of Service Chiefs of the Armed Forces, approving the promotion of competent and qualified officers, and recommending to the President, the removal from office of a Service Chief and heads of other arms bearing security agencies on the ground of misconduct or abuse of office, etc.

Presenting the lead debate on the Bill, Sen. Eyinnaya Abaribe (PDP: Abia) informed law makers that the establishment of the Commission gives effect to the provisions of section 217 of the 1999 Constitution (as amended) which states that: 

“There shall be an armed force for the Federation which shall consist of an Army, a Navy, an Air Force and such other branches of the armed forces of the Federation as may be established by an Act of the National Assembly.

2.  The Federation shall, subject to an Act of the National Assembly made in that behalf, equip and maintain the armed forces as may be considered adequate and effective for the purpose of –

a.  defending Nigeria from external aggression

b.  maintaining its territorial integrity and securing its borders from violation on land, sea, or air

c.  suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly

and

d.  performance such other functions as may be prescribed by an Act of the National Assembly.

3.  The composition of the officer corps and other ranks of the armed forces of the Federation shall reflect the federal character of Nigeria.

According to Sen. Abaribe, the aim of the aforementioned provision is to ensure that the composition and appointment of Service Chiefs of the Armed Forces reflects Federal Character. He also stated that the Commission will ensure that the Office of Service Chiefs and other ranks of the Armed Forces are spread equitably among the six geo-political zones of the country to further strengthen Nigeria’s unity and integration.

However, most lawmakers expressed concerns over the provisions of the Bill stating that the establishment of an Armed Forces Commission will derogate the powers conferred on the President to appoint Service Chiefs and also enable politicization of such appointment. Other lawmakers speaking in support of the Bill, laid emphasis on the nation’s unity and integrity which will be enhanced through the establishment of the said Commission.

Following the inability of lawmakers to reach a unanimous decision on the voting outcome of the Bill, the President of the Senate, Sen. Ahmad Lawan (APC: Yobe) who presided over the day’s plenary, called for a closed-door session on the matter. Although details on deliberations at the closed-door session remain undisclosed, Sen. Lawan later announced the decision of the Senate to withdraw the Bill in order to allow the Sponsor, Sen. Abaribe to do a further review of the provisions of the Bill and carry out consultations with legislators.