A Federal High Court sitting in Abuja has invalidated the appointment of the Federal Character Commission, FCC, Chairperson, Muheeba Dankaka and Secretary, Bello Tukur, by former President Muhammadu Buhari.
Recall that Buhari had in April 2020 appointed 38 people, including the chairperson and secretary, to the board of the FCC.
However, one Festus Onifade sued the former President and Attorney-General of the Federation to challenge the appointment of Dankaka and Tukur.
FCC, Dankaka and Tukur were joined as third, fourth, and fifth defendants, respectively, in the suit marked FHC/ABJ/CS/709/2021 .
Onifade argued that the former President’s appointment of Dankaka and Tukur, both from the North Central, was in violation of the 1999 Constitution as amended and the Act of National Assembly.
He said: “The appointment by first respondent of the fourth and fifth respondents is unlawful, unconstitutional null and void ab nitio for non-compliance with Section 7 and 8 (1) & (2) a,b,c of the third Schedule, Part 1 of 1999 Constitution of Federal Republic of Nigeria as Amended, Section 4(1) of the Subsidiary Legislation 1997 of the Federal Character Commission Establishment, Act 1995”.
He sought a declaration that the president is bound to observe and comply with the provision of Sectons 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 further sought an order directing the president to immediately dissolve and reconstitute the FCC’s board in accordance with the laws.
Delivering judgment on the matter on Wednesday, Justice Inyang Ekwo held that the former President did not comply with the provisions of the Constitution and the FCC Act in the appointment of Tukur and Dankaka and subsequently declared their appointment invalid.
He said: “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 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 FCC Act, 2004”.
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