Wednesday in Abuja, a Federal High Court deemed “illegitimate” the appointment by former President Muhammadu Buhari of the Federal Character Commission (FCC) Chairman Muheeba Dankaka and Secretary Bello Tukur, both of whom were natives of the northern region.
In a ruling, Justice Inyang Ekwo determined that the former president’s appointment of the two individuals did not adhere to the stipulations of the legislation.
Accordingly, he concluded that the first defendant had neglected to adhere to the stipulations outlined in 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, which was established by Section 4 (1) (a) of the FCCE Act, 2004.
According to the News Agency of Nigeria (NAN), Festus Onifade, an advocate for human rights, filed suit number FHC/ABJ/CS/709/2021 against the Attorney-General of the Federation (AGF), the President of the Federal Republic of Nigeria, the FCC, Dankaka, and Tukur as the first through fifth defendants, respectively.
Two questions were requested for interpretation in the originating summons, which was dated and lodged on July 19, 2021.
The aforementioned provisions are as follows: "Regardless of whether they are combined with the provisions of Sections 7 and 8 (1) and (2) (a), (b), and (c) of the third Schedule, Part 1 of the 1999 Constitution (as amended), and Section 4(1) of the Subsidiary Legislation (Guiding Principles and Formulas for the Distribution of All Cadres of Posts) 1997 of the Federal Character Commission (Establishment) Act 1995, these provisions are applicable.
As a result, he requested a declaration that the President (1st defendant) is obligated to appoint individuals to the offices of the chairman and secretary of the FCC by the provisions of Sections 7 and 8 (1), (2) (a) (b) (c) of the Third Schedule, part 1 of the 1999 Constitution (As Amended).
He petitioned for an order mandating that the President dissolve and reconstitute the FCC’s board by the law, without delay.