Lawyers under the auspices of FS Onifade and Associates have dragged President Muhammadu Buhari, Attorney-General Abubakar Malami and the Federal Character Commission (FCC) to court over alleged lopsided appointments into the commission.
In a suit marked FHC/ABJ/2021 against Buhari, Malami and four others, the plaintiff, Festus Onifade, is challenging the appointment and continuous holding of office of the chairman of FCC, Muheeba Farida Dankaka and the secretary, Mohammed Bello Tukur.
According to Onifade, the appointment is in violation of the principles of federal character as enshrined in the Constitution of the Federal Republic of Nigeria.
The firm requests the court to declare that the President and National Assembly are bound to observe and comply with the provisions of Sections 7 and 8 (1), (2)(a) (b) (c) of the Third Schedule, Part 1 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) in the appointment of persons to the office of chairman and secretary of the Federal Character Commission.
It also wants a declaration that the appointment by Buhari and confirmation by the National Assembly of any person as chairman, secretary, commissioner or any other officer of the third respondent in violation of Section 7 and 8 (1) and (2) a,b,c of the Third Schedule, Part 1 of 1999 Constitution of the Federal Republic of Nigeria (amended) and Section 4(1) of the Subsidiary Legislation 1997 of the Federal Character Commission (Establishment, Act 1995) shall be null and void and of no effect whatsoever.
The law firm seeks: “A declaration that the appointment by the first respondent and confirmation of the same by the National Assembly of the fourth and fifth respondents is unlawful, unconstitutional, null and void, ab initio for non-compliance with Section 7 and 8 (1) & (2) a,b,c of the third Schedule, Part 1 of 1999 Constitution of the Federal Republic of Nigeria (amended), Section 4(1) of the Subsidiary Legislation 1997 of the Federal Character Commission (Establishment, Act 1995.
“An order directing the first respondent to immediately dissolve and reconstitute the board of the third respondent to reflect Sections 4(1) of the Subsidiary Legislation 1997 of the Federal Character Commission (Establishment, Act 1995) forthwith.
“An order directing the fourth and fifth respondents to immediately vacate office forthwith.”
Speaking on behalf of the firm, Onifade said: “We all are stakeholders in ensuring that the rule of law is upheld by both the executive, legislature and the judiciary in the conduct of affairs of our dear nation as a democratic society which is governed by the rule of law devoid of arbitrariness.”
