The Federal High Court in Abuja, on Wednesday, declared the appointment of the Federal Character Commission Chairperson, Muheeba Dankaka, and Secretary, Bello Tukur, by former President Muhammadu Buhari as unlawful.
Buhari had in April 2020 appointed 38 persons, including the Chairperson and Secretary, to the board of the Federal Character Commission.
But one Festus Onifade sued the former President and Attorney-General of the Federation to challenge the appointment of Dankaka and Tukur.
The FCC, Dankaka, and Tukur were also joined as defendants in the suit marked FHC/ABJ/CS/709/2021.
Onifade argued that Buhari’s appointment of Dankaka and Tukur, both from the North Central, was a gross violation of the 1999 Constitution and the Act of the National Assembly.
He said, “The appointment by 1st respondent of the 4th and 5th respondents is unlawful, unconstitutional, null and void ab initio for non-compliance with Sections 7 and 8 (1) & (2) (a) (b) (c ) of the Third Schedule, Part 1 of 1999 Constitution; 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.”
He 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 provision of the constitution and the FCC Establishment Act in the appointment of Tukur and Dankaka.
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 FCCE Act, 2004.”
