Court Faults Buhari’s North-Dominated FCC Leadership Appointments

A Federal High Court in Abuja has declared as “unlawful” former President Muhammadu Buhari’s appointment of Federal Character Commission (FCC) Chairman Muheeba Dankaka and Secretary Bello Tukur from northern Nigeria.

Justice Inyang Ekwo ruled that the former president failed to comply with the provisions of the law in making these appointments, citing violations of Section 14 (3) of the 1999 Constitution, Section 4 (1) (a) of the FCC Establishment Act (FCCE) 2004, and Section 4 of the Guiding Principles and Formulae for the Distribution of all Cadres of Posts, 1997.

Muheeba Dankaka, appointed on April 28, 2020, for a five-year term, and Bello Tukur, appointed as FCC Secretary on April 14, 2017, and reappointed on March 12, 2021, for a four-year term, faced legal challenge from human rights lawyer and public interest advocate Festus Onifade. The lawsuit, marked FHC/ABJ/CS/709/2021, questioned the constitutionality of their appointments, raising concerns about the violation of federal character principles.

Onifade sought clarification on two critical questions:

1. Whether the appointment and confirmation of Dankaka and Tukur violated constitutional provisions and subsidiary legislation, rendering them “unlawful, unconstitutional, null and void ab initio.”
2. Whether the continuous holding of office by Dankaka and Tukur is inconsistent with constitutional and statutory provisions, making their stay in office “unlawful, unconstitutional, or of no effect.”

Furthermore, Onifade urged the court to declare 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 in such appointments. He also sought an order directing the president to dissolve and reconstitute the FCC’s board and to appoint other individuals into these positions in compliance with the law.

In response, the president and the Attorney-General of the Federation argued that President Buhari had the constitutional authority to appoint qualified individuals into extra-ministerial bodies like the FCC. They contended that the simultaneous occupation of the chairman and secretary positions by Dankaka and Tukur did not violate the constitution.

Dankaka and Tukur, in their defense, emphasized the president’s nomination of commissioners from various states and argued that the issue of federal character did not arise. They asserted that the 1999 Constitution is silent on the mode of appointing the FCC’s secretary, whose appointment is not subject to Senate confirmation.

Justice Ekwo dismissed the defendants’ arguments, describing them as “bereft of reasonableness” and emphasized that the federal character principle aims to distribute posts among the country’s various parts. He declared that the appointments were unlawful, unconstitutional, and null and void ab initio due to non-compliance with the law.

While the court did not grant certain orders, it allowed the respective tenures of Dankaka and Tukur to run their course, affording the president time to comply with constitutional and statutory provisions regarding equitable distribution of appointments in the FCC. The judgment sets a precedent and raises important questions about adherence to federal character principles in public appointments.