Court faults ex-President Buhari’s appointment of Dankaka, Tukur as FCC Chairman, Secretary

Chigozie Ikpo, Abuja

A Federal High Court, sitting in Abuja, on Wednesday, declared as unlawful, the appointments of Muheeba Dankaka and Bello Tukur, as Chairman and secretary of the Federal Character Commission (FCC).

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, as they both hail from the northern region of the country.

“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 under Section 4 (1) (a) of the FCCE Act, 2004,” he said.

Daily Champion had reported that a Legal Practitioner, Festus Onifade, had dragged the Federal Government to court over an alleged lopsided appointment into the leadership of the Federal Character Commission (FCC).

The suit marked FHC/ABJ/709/2021 has President Buhari and the Attorney-General of the Federation, Abubakar Malami, as 1st and 2nd respondents, while the Federal Character Commission, Mueeba Farida Dankaka, and Barr. Mohammed Bello Tukur who are listed as 3rd to 5th respondents respectively.

Onifade, in an Originating summon, filed on June 16, 2021, had prayed the court to declare as unlawful, the appointment of the the 4th and 5th respondents as President and Secretary of the commission, as it goes against the 1999 Constitution (amended),  which mandates the equitable distribution of all cadres of posts across the geopolitical zones of the country.

He asked the court to determine ”Whether by the combined provisions of Section 7 & 8 (1) and (2) a, b, c, of the third schedule, of the Constitution or the Federal Republic of Nigeria 1999 (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, the appointment of the 4th and 5th by the 1st respondent and the confirmation of the said appointment by the National Assembly as Chairman and Secretary of the Federal Character Commission is a violation of the Constitution and therefore unlawful, unconstitutional, null and void ab nitio.”

He also asked the court to nullify the confirmation of appointments of the said respondents, by the National Assembly.

Buhari had, on April 28, 2020, appointed 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.