A Federal High Court in Abuja has ruled against the appointment of Muheeba Dankaka and Bello Tukur, from the northern region, as Chairman and Secretary of the Federal Character Commission (FCC) respectively, by former President Muhammadu Buhari, describing the appointments as “unlawful.”
Justice Inyang Ekwo, in a judgment, held that the former president had failed to comply with the provisions of the law in making the appointments, stating, “Therefore, I find that there has been a 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 (FCCE) 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 FCCE Act, 2004.”
The lawsuit, marked FHC/ABJ/CS/709/2021, was filed by human rights advocate, Festus Onifade, against the President of the Federal Republic of Nigeria, the Attorney-General of the Federation, and the FCC, with Mrs. Dankaka and Mr. Tukur as 1st to 5th defendants respectively.
Onifade sought a declaration that the President is required to observe and comply with specific provisions of the constitution and the FCC Establishment Act in appointing individuals to the positions of Chairman and Secretary of the FCC. He also sought an order for the dissolution and reconstitution of the FCC’s board in line with the law, as well as the immediate appointment of new individuals into these positions in compliance with the constitution and the Act of the National Assembly.
Mrs. Dankaka, from Kwara, was appointed as the Chairman of the commission for a five-year tenure on April 28, 2020, and was confirmed by the Senate on June 2, 2020. Tukur, from Taraba, was approved as the FCC’s secretary on April 14, 2017, and was reappointed on March 12, 2021, for a term of four years.
This ruling brings to the fore the fundamental importance of adherence to legal provisions in making appointments to key positions, emphasizing the need for proper compliance with constitutional and statutory requirements.
