The Federal High Court in Abuja on Thursday issued a final order to President Muhammadu Buhari, the Federal Attorney General (AGF) and the Federal Character Commission (FCC) to defend a lawsuit challenging alleged unequal appointments in the Territory of the Federal Capital. (FCT).
They risk judgment against them in the lawsuit if they refuse to present their defense as ordered by the judge.
Inyang Ekwo, the judge, issued the order following the three defendants’ refusal to present their defense in the lawsuit brought by Maxwell Okpara, an Abuja-based lawyer.
The plaintiff, Mr. Okpara, argued that Mr. Buhari, the Minister of the FCT and the AGF violated the principle of federal character in the recent appointments of permanent secretaries, executive secretaries, personal assistants, directors and other members of the staff of the Federal Capital Territory Administration (FCTA) in Abuja.
In Thursday’s proceedings, only the FCT Minister, Muhammad Bello, was represented by a lawyer, Udom Ibeanem, while Mr. Buhari, the AGF and the FCC had no legal representation in court.
The plaintiff’s lawyer, Chukwuma Ozougwu, drew the court’s attention to the persistent refusal of the three defendants to respond to the lawsuit served on them since December 2021.
Mr. Ozougwu sought permission from the court to present the plaintiff’s case, without any counterargument from the defendants.
But, the judge held a contrary position, saying that the matter is such that the three defendants must present their defense.
Mr. Ekwo pointed to the persistent refusal of three defendants to react to the issues raised against them since last year.
However, he said he was inclined to give Mr. Buhari, the AGF and the FCC one more chance to present their defence.
“If by the next adjournment date the three defendants do not present a defense, this court will have exhausted its patience and leniency,” Ekwo said.
Subsequently, the judge adjourned the lawsuit until October 17 for a final hearing.
Defense of the FCT minister
For his part, the Minister of the FCT, who is the 1st accused in the lawsuit, has filed his preliminary objection to the lawsuit.
He asked the court to dismiss the lawsuit because the plaintiff lacks the right to have started the case.
Mr. Buhari, Attorney General of the Federation (AGF) and the Federal Character Commission (FCC) are the second, third and fourth defendants, respectively, in the lawsuit.
Mr. Opara, in court filings, argued that the majority of appointments to the FCTA were biased in favor of people from the northern region of Nigeria, which contradicts the spirit of the Federal Character Principle of the Federal Character Act.
He wants the court to declare that such appointments made on November 23, 2021 “clearly offend sections 4(1)(a)(b) and 5 of the Federal Character Commission (Establishment, etc.)
Prayers
Plaintiff wants the court to order Mr. 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 publications tables in FCTA.
It also asks the court to declare that Mr. Buhari, the Minister FCT and the AGF are bound by the provisions of Part 1, Sections 1 to 9 and Part III, Sections 4 and 5 if the guiding principle and formulas for the distribution of all the tables of positions and appointments in all the tables of positions in the federal administration.
The plaintiff further asks the court to declare that the FCC is empowered by law to formulate principles and guidelines for the implementation of the federal principle of impartiality and equitable distribution of all cadres in the Federal Government of Nigeria and to ensure compliance with the said formula.
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