The nomination of Bello Tukur as secretary and Muheeba Dankaka as chairperson of the Federal Character Commission by former President Muhammadu Buhari has been ruled illegal by a Federal High Court in Abuja.
In April 2020, Buhari nominated 38 individuals, including the secretary and chairperson, to the FCC board.
In an attempt to contest Dankaka and Tukur’s appointments, one Festus Onifade filed a lawsuit against the former president and the Attorney General of the Federation.
FCC, Dankaka, and Tukur were joined as third, fourth, and fifth defendants, respectively, in the suit marked FHC/ABJ/CS/709/2021 .
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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 (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.”
He sought a declaration that the president (1st defendant) 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 asked for an order compelling the president to disband the FCC board right away and reassemble it in compliance with the law.
Judge Inyang Ekwo rendered a decision on the case on Wednesday, concluding that the former President’s appointment of Tukur and Dankaka violated both the FCC Act and the Constitution.
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.”