A Federal High Court in Abuja has ruled that the appointment of the Chairperson and Secretary of the Federal Character Commission (FCC) by former President Muhammadu Buhari was unlawful, News About Nigeria gathered.
The court declared the appointment of Muheeba Dankaka as Chairperson and Bello Tukur as Secretary as a violation of the 1999 Constitution and the FCC Act.
The appointment of 38 individuals, including Dankaka and Tukur, to the FCC board in April 2020 faced legal challenge from one Festus Onifade.
Onifade argued that the appointment of Dankaka and Tukur, both from the North Central region, contradicted the constitutional provisions and the Act of the National Assembly governing such appointments.
The plaintiff contended that the appointment was ‘unlawful, unconstitutional, null and void ab initio for non-compliance’ with relevant constitutional and legislative provisions.
Specifically, he cited Sections 7 and 8 (1) & (2) a,b,c of the Third Schedule, Part 1 of the 1999 Constitution (Amended), and 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).
The court, presided over by Justice Inyang Ekwo, held that the former President failed to comply with the constitutional provisions and the FCC Act in the appointment of Tukur and Dankaka.
The judgment emphasised the necessity for adherence to 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.
As a result of the ruling, there are expectations for the dissolution and reconstitution of the FCC’s board in line with the constitutional and legal requirements.
