Court summons AGF over FCT Minister’s appointments

From Godwin Tsa, Abuja 

Justice Inyang Ekwo gave the directive on Thursday in respect of a suit filed by an Abuja based legal practitioner and rights activist, Maxwell Opara, challenging what he termed “lopsided appointment” of 16 Mandate Secretaries, Permanent Secretaries etc. by the FCT Minister without recourse to Federal character principle.

The lawyer is seeking among other reliefs “a declaration of the court that the recent appointment, on November 23, 2021, of permanent secretaries, executive secretaries and other staffers of the Federal Capital Territory Administration by the 1st to 3rd Defendants clearly offends sections 4(1)(a)(b) and 5 of the Federal Character Commission (Establishment, Etc) and the provisions of Part 1, Sections 1 to 9 and Part III, section 4 and 5 of the Guiding Principle and Formulae for the distribution of all cadre of posts (S.I. 23 of 1997) made pursuant to section 4(1)(a) of the Federal Character Commission (Establishment, Etc) Act and accordingly the said appointments are void.

Defendants in the suit marked FHC/ABJ/CS/1523/21 are the FCT Minister, the President of Federal Republic of Nigeria, Attorney General of the Federation, as well as the Federal Character Commission.

At a resumed sitting, the President of the Federal Republic of Nigeria  (2nd Defendant), the AGF (3rd Defendant) and the Federal Character Commission (4th Defendant) did not file any process before the court.

Only the FCT Minister represented in court by Felix Ibanga filed a counter affidavit in opposition to the suit.

However due to some nagging depositions by the 1st Defendant, the court was of the opinion that an affidavit evidence by the AGF would be required in the matter.

The judge insisted that the AGF must appear and state his own side of the story to enable the court do justice in the case.

Consequently, the matter has been adjourned to June 9.

By the suit, the plaintiff wants the court to decide among other questions  “Whether having regard to the clear, unequivocal and manifest provisions of Sections 4(1)(a)(b) and 5 of the Federal Character Commission (Establishment, Etc) Act, the 4th Defendant is empowered by law to formulate principles and guidelines for the application of the federal character principle of fairness and equitable distribution of all cadre of posts in the Federal Government of Nigeria and whether the 4th Defendant is empowered by law to ensure compliance to the said formulae.

Upon the determination of the questions, the Plaintiff is seeking a declaration of the Court that by the clear, unequivocal and manifest provisions of Sections 4(1)(a)(b) and 5 of the Federal Character Commission (Establishment, Etc) Act, the 4th Defendant is empowered by law to formulate principles and guidelines for the application of the federal character principle of fairness and equitable distribution of all cadre of posts in the Federal Government of Nigeria and to ensure compliance to the said formulae.

The plaintiff is asking for a declaration that the 1st to 3rd Defendants are by virtue of sections 4(1)(a)(b) and 5 of the Federal Character Commission (Establishment, Etc) Act obligated to comply with the provisions of Part I, Sections 1 to 9 and Part III, section 4 and 5 of the Guiding Principle and Formulae for the distribution of all cadre of posts (S.I, 23 of 1997) made pursuant to section 4(1)(a) of the Federal Character Commission (Establishment, Etc) Act in all appointments into all cadres of posts into the Federal Capital Administration.

“A Declaration that the Defendants cannot in any way whatsoever disregard the provisions of sections 4(1)(a)(b) and 5 of the Federal Character Commission (Establishment, Etc) and the provisions of Part I, Sections 1 to 9 and Part III, section 4 and 5 of the Guiding Principle and Formulae for the distribution of all cadre of posts (S.I. 23 of 1997) made pursuant to section 4(1)(a) of the Federal Character Commission (Establishment, Etc) Act in the appointment of Permanent Secretaries, Executive Secretaries and other staffers into the Federal Capital Territory Administration.