Lawyer Sues Buhari, FCC over ‘Lopsided’ Appointments

Asks court to reverse decisions

An Abuja-based legal practitioner, Mr. Marcel Dim-Udebuani, has dragged President Muhammadu Buhari before a Federal High Court in Abuja over what he described as ‘lopsidedness’ in the appointments of persons into key positions in his administration.

Dim-Udebuani had in the suit marked: FHC/ABJ/CS/732/2015, joined the Chairman, Federal Character Commission (FCC) as 2nd defendant.

In an originating summons dated and filed on August 31, 2015, the plaintiff set out four questions for the court’s determination:

“Whether the total of the 25 appointments made so far by the 1st defendant (Buhari) is not against the spirit of Section 14 (3) of 1999 Constitution of Federal Republic of Nigeria.

“Whether the exclusion of South-east geo-political zone in the 25 appointments made so far by the 1st defendant is unconstitutional and divisive among others.”

President Buhari had recently appointed his Chief of Staff (COS), Secretary to the Government of )the Federation (SGF) and the Comptrollers-General of Nigerian Customs and Immigration Service among others, who all happen to come from the Northern part of the country.

The plaintiff prayed the court for “an order compelling the president to reverse the appointments so far made to observe and comply with the principle of Federal Character as enshrined in the Constitution of the Federal Republic of Nigeria 1999 (as amended).”

He also sought for an order of the court compelling the 2nd defendant (FCC) to invoke paragraph 8 (1) (C) of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).

“Plaintiff also prayed for an order of court declaring all the appointments so far made null and void for violation of the principle of Federal Character enshrined in our constitution aforesaid.”

Dim-Udebuani set out several grounds for the relief sought among which are that the Nigeria is a country for all citizens, ns, South-east inclusive.

“That the 2nd defendant is a creation of the Constitution of Federal Republic of Nigeria.

“That the entire five states that make up South-east geo-political zone has no appointment yet.

He contended that the Northeast, North-west, North-central, South-west and South-south have had representations in the appointments made so far.

In an affidavit in support of the originating summons, the plaintiff said he swore to defend and protect the nation’s constitution, contending that the suit bothers on constitutional breach.

He further noted in the affidavit that the constitution ought to be obeyed in all appointments which he said were lopsided.

The plaintiff observed that it is in the best interest of justice and promotion of rule of law that the lopsided appointments should be discouraged by granting all the prayers before the court.

No date has been fixed for the hearing.