By Deborah Onyofufeke
President Muhammadu Buhari, the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami and the Federal Character Commission (FCC) were issued a final order Thursday, by Justice Inyang Eden Ekwo of the Federal High court, Abuja, to defend or lose a suit instituted against them on the alleged lopsided appointments in the Federal Capital Territory (FCT).

The order was issued following the refusal of the three defendants to file their defence in the suit lodged against them by an Abuja based lawyer and human rights activist, Maxwell Okpara.

Counsel to the plaintiff, Chukwuma Ozougwu, complained to the court about the persistent refusal of the three defendants to respond to the originating summons issued and served on them in December last year. He thereafter sought permission from the court to present the plaintiff’s case against them.

However, Justice Ekwo held a contrary position stating that the matter is such that the three defendants must file their defence.

Justice Ekwo reacting to the absence of the defendants in court persistently, said, the refusal and neglect of the three defendants to react to issues raised against them since last year is becoming unacceptable but however the court would give them one more opportunity to come up with a defence.

“If by next adjourned date the three defendants fail to come up with defense, this court would have exhausted its patience and indulgence”.

Justice Ekwo subsequently fixed October 17 for definite hearing of the suit.

Meanwhile, at today’s proceedings, the FCT Minister, Muhammad Bello, was represented by Udom Ibeanem, a legal practitioner while president Buhari, AGF and FCC were absent in court and not represented by any legal practitioner despite being served with hearing notice.

Ekiti poll “open Tinubu’s presidential victory, says Fayemi

The FCT Minister who is the 1st defendant in the suit has filed his counter affidavit and preliminary objection against the suit praying the court to dismiss on ground of lack of locus standi by the plaintiff.

Buhari, Attorney-General of the Federation (AGF) and the Federal Character Commission (FCC) are 2nd, 3rd and 4th defendants respectfully in the suit.

The plaintiff, Maxwell Opara (an Abuja-based lawyer) is contending that President Buhari, the FCT Minister and the AGF violated the Federal Character Principle in the recent appointments of Permanent Secretaries, Executive Secretaries, personal aids, directors and other members of staff of the Federal Capital Territory Administration (FCTA).

Opara argued that the majority of the appointees are from the Northern part of the country, which contradicts the spirit of the Federal Character Principle under the Federal Character Act.

He wants the court to declare that the said appointments made on November 23, 2021 “clearly offends 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.”

My husband calls me secondhand material, woman tells court

Opara wants the court to direct President 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 cadres of posts in FCTA.

He also prays to the court to declare that President Buhari, the FCT Minister and the AGF are under obligation to comply with the provisions of Part 1, Sections 1 to 9 and Part III, Sections 4 and 5 if the guiding principle and formulae for distribution of all cadres of posts and appointments into all cadres of posts into the Federal character administration.

The plaintiff further prayed the court to declare that the FCC is empowered by law to formulate principles and guidelines for the application of the Federal Character principle of fairness and equitable distribution if all cadres of posts in the Federal Government of Nigeria and to ensure compliance with the said formulae.

Opara, in a supporting affidavit, argued that appointments, as done by the FCT Minister, favoured people who are mostly from the Northern part of the country.