A lawyer, Festus Onifade, has urged a Federal High Court, Abuja to make an order, directing the Chairman and Secretary, Federal Character Commission (FCC), Mrs Mueeba Dankaka and Mohammed Tukur respectively, to vacate office forthwith.
Onifade, in an originating summons marked: FHC/ABJ/709/2021 dated and filed July 19 before Justice Inyang Ekwo, sued five respondents in the matter.
The News Agency of Nigeria (NAN) reports that the Attorney General of the Federation (AGF), FCC, Dankaka and Tukur are among the respondents.
The legal practitioner averred in his affidavit in support that while Dankaka hails from Kwara in the North Central zone, Tukur is from Taraba, North East part of the country.
He asked the court to determine “whether by the combined provisions of Sections 7 and 8 (1) & (2) (a)(b)(c) of the third Schedule, Part 1 of Constitution of Federal Republic of Nigeria 1999 (As 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 appointments of 4th and 5th respondents by the 1st respondent and the confirmation of the said appointments by the Senate of the NATIONAL ASSEMBLY as Chairman and Secretary of the Federal Character Commission is not a violation of the Constitution and therefore unlawful, unconstitutional, null and void.”
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Onifade also prayed the court to determine whether Dankaka and Tukur’s appointment and their continuous holding of office is not inconsistent with the provisions of the law.
The lawyer, therefore, sought seven reliefs, among which are “a declaration that the 1st respondent and the Senate of the National Assembly are bound to observe and comply with the provisions of the sections 7 and 8 (1)(2) (a) (b) (c) of the Third Schedule, part 1 of the Constitution of Federal Republic of Nigeria, 1999 (As Amended) in the appointment of persons to the office of the Chairman and Secretary of Federal Character Commission.”
He urged the court to make an order, directing immediate dissolution and reconstitution of the board of the FCC to reflect the established law.
“An order directing the 4th and 5th respondents to immediately vacate office forthwith.
“An order directing the 1st respondent to immediately appoint other persons into offices of Chairman and Secretary of the 3rd respondent in compliance with the provisions of the law.”
Justice Ekwo fixed Nov. 5 to hear the matter.