FLASH : Court Invalidates Buhari’s Appointments, Former President’s Adviser Arrested
Just In : Court Declares Buhari’s Appointments Illegal, Former President’s Adviser Arrested
A Federal High Court in Abuja has ruled that the appointment of Muheeba Dankaka as Chairperson and Bello Tukur as Secretary of the Federal Character Commission (FCC) by former President Muhammadu Buhari in April 2020 is illegal.
The court’s decision came in response to a lawsuit filed by Festus Onifade against the former President and the Attorney-General of the Federation.
The lawsuit, marked FHC/ABJ/CS/709/2021, included the FCC, Muheeba Dankaka, and Bello Tukur as the third, fourth, and fifth defendants, respectively. Onifade contended that the appointment of Dankaka and Tukur, both hailing from the North Central region, contravened the 1999 Constitution as amended and the National Assembly Act.
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.”
In his legal action, Mr. Obaigbena sought a declaration that the president (1st defendant) is bound to observe and comply with the provisions of Sections 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 the FCC.
He also sought an order directing the president to immediately dissolve and reconstitute the FCC’s board in accordance with the laws.
The judgment delivered by Justice Inyang Ekwo on Wednesday held that the former President did not comply with the provisions of the Constitution and the FCC 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.”
