BUHARI’S APPOINTMENTS ARE ILLEGAL, SAYS THE COURT

Babatunji Wusu –

The nomination of Bello Tukur as secretary and Muheeba Dankaka as chairperson of the Federal Character Commission (FCC) by former President Muhammadu Buhari has been ruled unlawful by a Federal High Court in Abuja.

Remember that Buhari had chosen 38 members of the FCC board in April 2020, including the secretary and chairperson.

Festus Onifade, however, has filed a lawsuit against the former president and the Attorney General of the Federation to contest Dankaka’s and Tukur’s appointments.

In the lawsuit designated FHC/ABJ/CS/709/2021, FCC, Dankaka, and Tukur were added as third, fourth, and fifth defendants, respectively.

Onifade contended that the 1999 Constitution as modified and the Act of National Assembly were broken by the former President’s appointment of Dankaka and Tukur, both of whom were from North Central.

According to him, “Sections 7 and 8 (1) & (2) a, b, and c of the third Schedule, Part 1 of the 1999 Constitution of the Federal Republic of Nigeria (Amended), 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)” make the appointment of the fourth and fifth respondents by the first respondent unlawful, unconstitutional, null and void ab nitio.

He requested that the court rule that, when appointing people to the positions of chairman and secretary of the Federal Communications Commission, the president (the first defendant) must observe and abide 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 requested a court injunction compelling Buhari to disband the FCC’s board of directors immediately and reassemble it in compliance with the law.

Judge Inyang Ekwo rendered a decision on the case on Wednesday, concluding that Buhari’s nomination of Tukur and Dankaka violated both the FCC Act and the Constitution.

Therefore, I find that the first defendant has not complied with 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, which were made in accordance with Section 4 (1) (a) of the FCCE Act, 2004. Ekwo stated as much.