ABUJA – A legal practitioner, Mr. Dim-Udebuani Marcel, Tuesday, dragged President Muhammadu Buhari before the Abuja Division of the Federal High Court, accusing him of violating the Federal Character
principle as enshrined in the Constitution of the Federal Republic of Nigeria 1999, through the appointments he has made so far.
The plaintiff, in his suit marked: FHC/ABJ/CS/732/2015, joined the
Chairman, Federal Character Commission (FCC) as 2nd defendant in the
matter.
In the originating summons, the plaintiff, urged the court to among
other things, determine, “Whether the total of the twenty-five (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.
As well as, “Whether the exclusion of South-East geo-political zone in
the twenty-five (25) appointments made so far by the 1st defendant is
unconstitutional and divisive among others.
He is praying the court for an order compelling President Buhari 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).
“An order of this 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).
Likewise, “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.”
The plaintiff in an affidavit he deposed in support of the suit,
averred: “That the Federal Republic of Nigeria is a country for all the
citizens, South-East inclusive.
“That the 2nd defendant is a creation of constitution of the Constitution of Federal Republic of Nigeria.
“That the entire five (5) States that make up South-East geo-political zone has no appointment yet”.
He told the court that the North-East, North-West, North-Central,
South-West and South-South have had representations in the appointments
made so far.
The plaintiff said he decided to invoke the original jurisdiction of the
court against Buhari considering the fact that he had as a lawyer,
swore an oath to defend and protect the nation’s constitution.
He contended that the suit bother on constitutional breach, insisting
that the appointments by President Buhari was “highly lopsided”.
The plaintiff argued that it is in the best interest of justice and
promotion of rule of law that the lopsided appointments be reversed by
the court.
Meantime, the matter is yet to be assigned to any judge for hearing.
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