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Lawyer sues Buhari, AGF over lopsided appointments into the Federal Character Commission Board

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Chigozie Ikpo, Abuja

 

A Legal Practitioner, Festus Onifade, has 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.

 

Others are, the Federal Character Commission, Mueeba Farida Dankaka, and Barr. Mohammed Bello Tukur who are listed as 3rd to 5th respondents respectively.

 

In an Originating summon, filed on June 16, the claimant 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.

 

The suit reads in parts, ” 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.

 

The Federal Character Commission is saddled with the responsibility of working out an equitable formula, subject to the approval of the President, for the distribution of all cadres of posts in the civil and the public services of the Federation and of the States, the armed forces, the Nigeria Police Force and other security agencies, bodies corporate owned by the Federal or a State Government and Extra‐Ministerial Departments and parastatals of the Federation and States.

 

It also has a responsibility promoting, monitoring and enforcing compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government.

 

The legal practitioner is seeking the dissolution of the leadership of the commission and reappointment of new persons into their respective roles in compliance with the provisions of the constitution and the Act of the National Assembly.

 

The suit has been fixed for November 11 for hearing.

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