A Federal High Court, Abuja on Wednesday, described as “unlawful” the appointment of Federal Character Commission, FCC’s Chairman, Muheeba Dankaka, and the Secretary, Bello Tukur, from the northern region by former President Muhammadu Buhari.
Justice Inyang Ekwo, in a judgment, held that the former president had failed to comply with the provisions of the laws in the duo’s appointment.
“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 (FCCE) 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,” he said.
A human rights advocate, Festus Onifade, had, in the suit marked: FHC/ABJ/CS/709/2021, sued President of the Federal Republic of Nigeria, Attorney-General of the Federation, AGF, FCC, Mrs Dankaka and Mr Tukur as 1st to 5th defendants respectively.
In the originating summons dated and filed on July 19, 2021, the lawyer sought interpretation to two questions.
These include, “Whether by the combined provisions of Sections 7 and 8 (1) and (2) (a), (b), and (c) of the third Schedule, Part 1 of1999 Constitution (as amended) and 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, therefore, sought a declaration that the president (1st defendant) is bound to observe and comply with the provision of the Sections 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.
Mr Onifade equally sought an order directing the president to immediately appoint other persons into these positions in compliance with the provisions of the constitution and the Act of National Assembly, among others.
Mr Buhari had, on April 28, 2020, appointed Mrs Dankaka as the chairman of the commission for a five-year tenure and was confirmed by the Senate on June 2, 2020.
Also, the ex-president approved the appointment of Tukur as FCC’s secretary on April 14, 2017 and was reappointed on March 12, 2021 for a term of four years.
