A federal High Court in Abuja, yesterday, issued a final order to President Muhammadu Buhari, Attorney General of the Federation (AGF) and the Federal Character Commission (FCC) to defend a suit instituted against them on the alleged lopsided appointments in the Federal Capital Territory (FCT).
Justice Inyang Eden Ekwo gave the directive following the refusal of the three defendants to file their defence in the suit slammed againstß them by an Abuja-based lawyer and human rights activist, Maxwell Okpara.
At yesterday’s proceedings, only the Minister of the FCT, Muhammad Bello, was represented by a legal practitioner, Udom Ibeanem, while Buhari, AGF and FCC were neither in court nor represented by any lawyer despite being served with hearing notice.
During procedures, counsel to the plaintiff, Chukwuma Ozougwu, drew the attention of the court to the persistent refusal of the three defendants to respond to the originating summons served on them since December last year. He, thereafter, sought permission of court to present the applicants’ case against them.
However, Justice Ekwo held a contrary position, adding that the matter is such that the three defendants must file their defence.
The judge noted the persistent refusal and neglect of the three defendants to react to issues raised against them since last year, observing that he would prefer to give them one more opportunity to come up with their defence.
“If by next adjourned date, the three defendants fail to come up with defence, this court would have exhausted its patience and indulgence,” the jurist warned. Justice Ekwo, subsequently, fixed October 17 for definite hearing of the suit.
In the interim, FCT Minister, who is the 1st defendant, has filed his counter affidavit and preliminary objection against the suit, praying the court to dismiss it on ground of lack of locus standi by the plaintiff. Buhari, AGF and FCC are 2nd, 3rd and 4th defendants.
The claimant, Okpara, is contending that the three defendants violated the federal character principle in the recent appointments of permanent secretaries, executive secretaries, personal aides, directors and other employees of the Federal Capital Territory Administration (FCTA).
He argued that majority of the appointees were from the northern part of the country, in contravention of the federal character principle under the Federal Character Act.
Okpara wants the court to declare that the said appointments made on November 23, 2021, “clearly offend Sections 4(1)(a)(b) and 5 of the Federal Character Commission (Establishment, etc.) and provisions of Part 1, Sections 1 to 9 and Part III, Section 4 and 5 of the guiding principle and formulae for distribution of all cadre of posts made pursuant to Section 4(1)(a) of the Federal Character Commission (Establishment, etc.) Act and accordingly the said appointments are void.”
SOurce: Guardian.ng
