A Federal High Court sitting in Abuja has declared appointment of the Federal Character Commission Chairperson (FCC), Muheeba Dankaka, and Secretary, Bello Tukur, by former President Muhammadu Buhari, as unlawful.
Buhari had in April 2020 appointed 38 people, including the chairperson and secretary, to the board of the FCC.
One Festus Onifade had sued the former President and Attorney-General of the Federation to challenge the appointment of Dankaka and Tukur.
FCC, Dankaka and Tukur were joined as third, fourth and fifth defendants, respectively, in the suit marked FHC/ABJ/CS/709/2021 .
Onifade argued that the former President’s appointment of Dankaka and Tukur, both from the North Central, was in violation of the 1999 Constitution as amended and the Act of National Assembly.
He said, “The appointment by first respondent of the fourth and fifth respondents is unlawful, unconstitutional, null and void ab initio for non-compliance with Section 7 and 8 (1) & (2) a, b,c of the third Schedule, Part 1 of 1999 Constitution of Federal Republic of Nigeria (Amended), Section 4(1) of the Subsidiary Legislation (Guiding principles and formulae for the distribution of all cadres of posts) 1997 of the Federal Character Commission (Establishment, Act 1995.”
He sought a declaration that the president (1st defendant) is bound to observe and comply with the provision of Sectons 7 and 8 (1), (2) (a) (b) (c) of the Third Schedule, part 1 of the 1999 Constitution (As Amended) in the appointment of persons to the office of the chairman and Secretary of FCC.
He sought an order directing the president to immediately dissolve and reconstitute the FCC’s board in accordance with the laws.
Delivering judgment on the matter on Wednesday November 22, Justice Inyang Ekwo held that the former President did not comply with the provisions of the Constitution and the FCC Act in the appointment of Tukur and Dankaka.
He said, “Therefore, I find that there has been failure of the 1st defendant to comply with the provision of Section 14 (3) of the 1999 Constitution (as amended), Section 4 (1) (a) of the FCC Establishment Act, 2004 and Section 4 of the Guiding Principles and Formulae for the Distribution of all Cadres of Posts,1997 made pursuant to Section 4 (1) (a) of the FCCE Act, 2004.”
Lagos State indigenes have been seeking an equally Federal High Court but sitting in Lagos to declare the usurping of their rights to be in charge of their own state and administration of same by non-indigenes as unconstitutional.
They are yet, however, to get justice as the court gives no attention. The latest by FHC Abuja may have provided green light for the Lagos State indigenes to be hopeful.
President Bola Ahmed Tinubu, at whose instance the Lagos State indigenes have been deprived, is now the President of Nigeria and is expected to see the unfolding reality in Abuja.
