Lawyer writes Tinubu, AGF, seeks equitable appointments into the Federal Character Commission

CHIGOZIE IKPO, Abuja

 

A Legal Practitioner, Festus Onifade has appealed to President Bola Ahmed Tinubu to safeguard the integrity of the Federal Character Commission (FCC), by appointing persons from different geopolitical zones, to head the commission.

 

Onifade also appealed to the Attorney-General of the Federation (AGF), Lateef Fagbemi to enforce the court order barring the lopsided appointment of key officers into the commission, in line with constitutional demands.

 

It would be recalled that a Federal High Court, sitting in Abuja, on November 22, 2023, 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 former president Muhammadu Buhari 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.

 

“A declaration is hereby made that the appointment by the 1st Defendant and confirmation of same by the National Assembly of the 4th and 5th Defendants is UNLAWFUL, UNCONSTITUTIONAL, NULL AND VOID AB INITIO FOR NON-COMPLIANCE with items 7 and 8(1) and (2), part 1 of the third schedule to the 1999 Constitution (as amended), Section 4 (1) of the Guilding Principles of Formulae for the Distribution of all Cadres of Posts 1997 of the Federal Character Commission (Entablement, etc.) Act, 1995.

 

“The fact that the Senate confirmed the appointment of the 4th Defendant during the pendency of the office of the 5th Defendant from the same part of the country does not by any stretch imply that the confirmation has overruled the application of the Federal Character Principle in the distribution of the two posts in the 3rd Defendant as constitutionally and statutorily required,” he said

 

In a letter dated January 16, 2024 and sighted by our Correspondent, Onifade appealed to President Tinubu to appoint individuals from different geopolitical zones of the country in accordance with the provisions of the constitution.

 

The Legal Practitioner noted with regret, “that the Commission which is saddled with the Constitutional responsibilities of enforcing compliances with Federal Character Principle is guilty of the breaching the provisions of the Constitution and its own Establishment Regulations.

 

“This is because the principal officers of the commission the Chairman and the Secretary are from the same geo-political zone. The Chairman Hajia Farida Dankaka is from Kwara- State North Central while the Secretary Alhaji Bello Tukur is from Taraba State North-East respectively which negates the letter and spirit of both the statutes and the Constitution.”

 

“The above constitutional infraction prompted the suit NO FHC/ABJ/CS/709/2021 FESTUS OLUWASANMI ONIFADE VS. PRESIDENT OF FEDERAL REPUBLIC OF NIGERIA & 4 ORS at the Federal High Court, Abuja which was decided on 22nd November 2023,” he said

 

Onifade, therefore, appealed to the President to give effect to the judgement of the Court, by appointing people who represent the diversity as recognized by the constitution, as it will also boost the moral of the staff in the commission, which according to him, “is at an all-time low”,

 

“This singular incident has caused a lot of resentment among the staff of the Commission. This is particularly because the Commission itself is guilty of the infractions it was constitutional and statutory created to remedy. Sir like the popular saying “Remove the log in your eyes, before the peg in mine”

 

“Mr. President Sir, to be silent is to perpetuate illegality in office, your timely intervention would remedy this anomality and restore the commission to perfuming its constitutional and statutory functions efficiently and also restore the confidence of Nigerians in this administration as a government of inclusion, endearing hope in governance, and giving every Nigerian a sense of belonging.” He concluded.

 

Onifade had in a suit marked FHC/ABJ/709/2021, dragged the Federal Government to court over an alleged lopsided appointment into the leadership of the Federal Character Commission (FCC), with former President Buhari and the then AGF, Abubakar Malami, listed as 1st and 2nd respondents, while the FCC, Mueeba Farida Dankaka, and Barr. Mohammed Bello Tukur was listed as the 3rd to 5th respondent 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.

 

The FCC is a government agency, created to monitor and enforce the implementation of the federal character principle in all public service institutions to reflect the linguistic, religious, ethnic, and geographic diversity of the country and curb ethnic dominance by ensuring even distribution of posts in recruitments, appointments in all government agencies.

 

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.

 

 

For a better society

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