An Abuja based lawyer, Festus Oluwasanmi Onifade has filed a suit against President Muhammad Buhari before a federal high court in Abuja alleging violation of Nigeria’s 1999 Constitution.
The President was sued alongside the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, Federal Character Commission (FCC), Mueeba Farida Dankaka and Mohammed Bello Tukur as the 1st, 2nd, 3rd, 4th and 5th respondents respectively.
The plaintiff alleged in the suit marked FHC/ABJ/709/2021 that Buhari has violated some provisions of the 1999 Constitution in the manners he has been making political appointments including that of the Federal Character Commission .
In the suit filed on behalf of the plaintiff by his counsel, Moses Owuru accused President Buhari of violating sections 7 and 8 of the Constitution in the appointments of Mueeba Farida Dankaka and Mohammed Bello Tukur as Executive Chairman and Executive Secretary of the Federal Character Commission FCC respectively.
The plaintiff an indigene of Osun State in the South Western Region of the country said that the two appointments were in clear breach of section 4 of the Federal Character Commission Act having been made from the Northern part of the country.
He therefore prayed the court to issue order to compel Buhari to immediately dissolve the Board of the commission and to reconstitute it to reflect the principle and letters of the Federal Character Commission as enshrined in the 1999 constitution.
Plaintiff also is seeking another order to compel Mueeba Farida Dankaka and Mohammed Bello Tukur to vacate their offices without any delay.
In a 21-paragraph affidavit in support of the suit, plaintiff averred that Buhari on March 18, 2020 appointed Mueeba Farida Dankaka and on June 2, 2020 was confirmed by the Senate as Executive Chairman of the FCC.
He further claimed that Buhari on April 6, 2017 appointed Mohammed Bello Tukur as Executive Secretary of the FCC and that since the expiration of his tenure on April 7, 2021, he has continued to function in office.
Plaintiff averred that since the two appointees are from the North, Buhari has breached sections 7 and 8 of Nigeria’s Constitution.
He therefore asked the court to declare the appointments unlawful, unconstitutional,, illegal, null and void.
Plaintiff also wants the court to declare that Buhari and other defendants in the suit are bound to abide by the provisions of the constitution as they relate to the principle of proportional sharing of all political offices.
Meanwhile Justice Inyang Eden Ekwo has fixed November 11 for hearing of the suit.