By Fadehan Oyeyemi A Federal High Court in Abuja on Thursday issued a final order to President Muhammadu Buhari, Attorney General of...
By Fadehan Oyeyemi
A Federal High Court in Abuja on Thursday issued a final
order to President Muhammadu Buhari, Attorney General of the Federation AGF and
the Federal Character Commission FCC to defend a suit instituted against them
on the alleged lopsided appointments in the Federal Capital Territory (FCT).
Justice Inyang Eden Ekwo issued the order following the
refusal of the three defendants to file their defence in the suit slammed on
them by an Abuja based lawyer and human rights activist, Maxwell Okpara.
At Thursday’s proceedings, only the Minister of the FCT,
Muhammad Bello was represented by a legal practitioner, Udom Ibeanem while
Buhari, AGF and FCC were not in court and not represented by any legal
practitioner despite being served with hearing notice.
At the proceedings, counsel to the plaintiff, Chukwuma
Ozougwu drew the attention of the court to the persistent refusal of the three
defendants to respond to the originating summons issued and served on them
since December last year.
He thereafter sought permission from the court to present
the plaintiff’s case against them.
However, Justice Ekwo held a contrary position adding that
the matter is such that the three defendants must file their defence.
The Judge pointed out the persistent refusal and neglect of
the three defendants to react to issues raised against them since last year,
adding, however, that he would prefer to give them one more opportunity to come
up with their defence.
“If by next adjourned date the three defendants fail to come
up with defence, this court would have exhausted its patience and indulgence”.
Justice Ekwo subsequently fixed October 17 for a definite
hearing of the suit.
Meanwhile, the FCT Minister who is the 1st defendant in the
suit has filed his counter-affidavit and preliminary objection against the suit
praying the court to dismiss it on the grounds of lack of locus standi by the
plaintiff.
Buhari, Attorney-General of the Federation (AGF) and the
Federal Character Commission (FCC) are 2nd, 3rd and 4th defendants respectfully
in the suit.
The plaintiff, Maxwell Opara (an Abuja-based lawyer) is
contending that President Buhari, the FCT Minister and the AGF violated the
Federal Character Principle in the recent appointments of Permanent
Secretaries, Executive Secretaries, personal aids, directors and other members
of staff of the Federal Capital Territory Administration (FCTA).
Opara argued that the majority of the appointees are from
the Northern part of the country, which contradicts the spirit of the Federal
Character Principle under the Federal Character Act.
He wants the court to declare that the said appointments
made on November 23, 2021 “clearly offends sections 4(1)(a)(b) and 5 of the
Federal Character Commission (Establishment, etc.) and provisions of Part 1,
sections 1 to 9 and Part III, section 4 and 5 of the guiding principle and
formulae for distribution of all cadre of posts made pursuant to section
4(1)(a) of the Federal Character Commission (Establishment, etc.) Act and
accordingly the said appointments are void.”
Opara wants the court to direct President Buhari, the FCT
Minister and other defendants to comply with the provisions of Sections 4(1)
(a) (b) and 5 of the Federal Character (Establishment) Act in all appointments
in all cadres of posts in the FCTA.
He also prayed the court to declare that President Buhari,
the FCT Minister and the AGF are under obligation to comply with the provisions
of Part 1, Sections 1 to 9 and Part III, Sections 4 and 5 if the guiding
principle and formulae for distribution of all cadres of posts and appointments
into all cadres of posts into the Federal character administration.
The plaintiff further prayed the court to declare that the
FCC is empowered by law to formulate principles and guidelines for the
application of the Federal Character principle of fairness and equitable
distribution of all cadres of posts in the Federal Government of Nigeria and to
ensure compliance with the said formulae.
Opara, in a supporting affidavit, argued that appointments,
as done by the FCT Minister, favoured people who are mostly from the Northern
part of the country.
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