Lawyer Sues Buhari, AGF Over Alleged Violation Of Nigeria’s Constitution


Festus Onifade, an Abuja based legal practitioner has instituted a suit at the Federal High Court Abuja, against President Muhammad Buhari and the Attorney General of the Federation and Ministerr of Justice, Abubakar Malami SAN.

Others are the Federal Character Commission (FCC), Mueeba Dankaka and Mohammed Tukur as 3rd, 4th and 5th respondents respectively.

Specifically, the plaintiff alleged in his suit that President Buhari has in the course of running his administration, and particularly due to his lopesided appointments, grossly violated the 1999 Constitution of the Federal Republic of Nigeria, as amended.

The suit marked FHC/ABJ/709/2021, was filed on behalf of the plaintiff by his counsel, Moses Owuru.

By the suit, the plaintiff is claiming that President Buhari violated sections 7and 8 of the Constitution following the appointments of Mueeba Dankaka and Mohammed Tukur as Executive Chairman and Executive Secretary of the Federal Character Commission respectively.

More so, Onifade alleged that the two appointments were a brazen violation of section 4 of the Federal Character Commission Act, having been made from the Northern part of the country.

Therefore, he is seeking an order of court compelling Buhari to immediately dissolve the Board of the commission and to reconstitute it to reflect the principle and letters of the Federal Character Commission as enshrined in the 1999 Constitution.

In addition, the plaintiff wants the court to declare the appointments “unlawful, unconstitutional, illegal, null and void.”

The Plaintiff also is praying for a declaration that Buhari and other respondents in the suit are bound to abide by the provisions of the 1999 Constitution as amended, as they relate to the principle of proportional sharing of all political offices in the country.

Since the appointments were made, the Plaintiff said he had been aggrieved.

Further more, Onifade is seeking an order of court directing Mueeba Dankaka and Mohammed Tukur to vacate their offices without any delay.

In a 21-paragraph affidavit in support of the suit, the plaintiff averred that President Buhari had on March 18, 2020, appointed Mueeba Farida Dankaka and on June 2, 2020, was confirmed by the Senate as Executive Chairman of the Federal Character Commission.

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The affidavit also stated that since the two appointees are from the North, Buhari has breached sections 7 and 8 of Nigeria’s Constitution.

Also, he alleged that Buhari on April 6, 2017, appointed Mohammed Bello Tukur as Executive Secretary of the FCC and that since the expiration of his tenure on April 7, 2021, he has continued to function in office.
Justice Inyang Ekwo has fixed November 11, for hearing of the suit.

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