An activist, F. U. Obalim Esq, has dragged the President,
Federal Republic Of Nigeria, Muhammad Buhari to Federal High Court,
over lopsided appointments of Directors of the NNPC Group in breach
of Federal Character Spread and unlawful arrogation to self the
powers of the Minister of Petroleum.
![image](/2020/10/lawreport.jpg")
In the summon available to TheNigerialawyer, Attorney General Of
The Federation, Federal Character Commission, President Of The
Senate, Speaker Of The House Of Representatives And The Clerk Of
The National Assembly, are also the Respondents in the suit.
![image](/2021/01/payne-alex.jpg")
This is contained in a suit instituted vide an originating
summons marked FHC/ABJ/CS/242/2021 sought for the interpretation of
the following questions of law namely:
Whether by the Combined reading of Section 147 (1), (2), (3);
Section 148 (1)(a),(b),(c), Section 151(1),(2),(3); Section
14(2)(c), (3); Section 67 (1), (2) of the Constitution, Section 19
of the Independent Corrupt Practices and Other Related Offences Act
and Article 13(2) of the African Charter on Human and People’s
Right (Ratification and Enforcement) Act envisioned the self-
appointment and employment by 1st Defendant into a subordinate
office under his control that requires an independent, separate and
conflicting Constitutional roles and Personae in a manner as to
convey to himself an undue advantage as a public officer and
whether as the 1st Defendant acceptance of the role of subordinate
position appointee reserved for other Nigerians for the President’s
supervision, advise and control other Nigerians have not being
deprived of the right of participation in the government of their
country.
If Question (A) above is answered in the negative: whether by
the appointment and the acceptance of latter Public Office
position, the 1st Defendant has not abdicated or vacated his former
position as the President for a lower Ministerial role.
Whether the combined provisions of Sections 14(3), 42 of the
1999 Constitution of the Federal Republic of Nigeria, Section
4(1)(b),(c), (f), (g) and (h) of the Federal Character Commission
Act compels the compliance of the Federal Character Principle in
all Public Office appointments and Confirmations including into the
2nd Defendant’s in a manner devoid of preponderance of a section of
the country to the disadvantage of another section.
Whether Sections 4(1)(a), (d)(i),(ii), 4(1)(e), 4(1)(j),
4(1)(h) of the Federal Character Commission Act that introduced
executive wide discretions in the implementation of the 3rd
Defendant’s positions and opinions on Federal Character provisions
is not in conflict with constitutional provisions in Sections 1(3),
14(3), 42, 153(c) of the 1999 Constitution of the Federal Republic
of Nigeria, and Article 8 (1)(a),(b) and (c) of Part I of the Third
Schedule to the 1999 Constitution of the Federal Republic of
Nigeria that mandates all arms and tiers of government to enforce
the Federal Character principle in all appointments.
If Question (D) is answered in the affirmative: whether
Sections 4(1)(a), (d)(i), (ii), 4(1)(e), 4(1)(j), 4(1)(h) of the
Federal Character Commission Act can be allowed to override the
provisions of the grund-norm, the 1999 Constitution of the Federal
Republic of Nigeria and not liable to be struck down.
The Plaintiff claims against the Defendants jointly and/or
severally as follows:
DECLARATION that the President Federal Republic of Nigeria
self- appointment as Minister of Petroleum and the subsequent
ratification and confirmation by the 3rd Defendant is ultra vires,
illegal, null and void and acceptance of subsequent public office
as a Minister operates as vacation and abdication of its earlier
Public office as the President of the Federation from the date of
assumption of duties as a Minister.
DECLARATION that all appointments by the 1st Defendant and
subsequent confirmation by the 3rd Defendant into every office,
inclusive of the 20 Principal Officers of 2nd Defendant should
reflect Constitutional Federal Character Spread.
DECLARATION of the Court that the 3rd Defendant is
Constitutionally obligated to issue binding opinions to all
Ministries, Department and Agencies of government including the 1st
and 2nd Defendants on all issues of appointments and
employments.
DECLARATION that the provisions of Sections 4(1)(a),
(d)(i),(ii), 4(1)(e), 4(1)(j), 4(1)(h) of the Federal Character
Commission Act which sought to limit the powers of the 4th
Defendant under the Constitution, vide Sections 14(3), 153(c) of
the 1999 Constitution of the Federal Republic of Nigeria, and
Article 8 (1)(a),(b) and (c) of Part I of the Third Schedule to the
1999 Constitution of the Federal Republic of Nigeria is
inconsistent, null and void and liable to be struck down.
ORDER OF THE HONORABLE COURT striking down the portions of the
provisions of Sections 4(1)(a), (d)(i),(ii), 4(1)(e), 4(1)(j),
4(1)(h) of the Federal Character Commission Act that introduced
delimiting discretion of the 1st Defendant in the exercise and
execution of the Constitutional duties of the 4th Defendant.
ORDER OF THE HONOURABLE COURT setting aside the 1st
Defendant’s Appointment of 20 Principal Officers for failure of the
appointments to cumulatively reflect the Federal Character
Principle and Ordering an immediate re-shuffle in accordance with
the Federal Character requirement forthwith.
AN ORDER OF PERPETUAL INJUNCTION mandating the 1st and 2nd
Defendants to always request and be bound by the opinion of the 3rd
Defendant on the Federal Character requirements for all
appointments and employments for the Federation.
AN ORDER OF the court mandating the office of the 2nd
Defendant to enforce the judgment of the court forthwith upon
delivery of the judgment.
In the affidavit he deposed to, the Plaintiff himself alleged
that the President has continued to act in disregard for the laws
of the country since his assumption of office in ensuring an
inbalanced favored appointment of the Northerners over the
Southerners especially in the National Oil Company and after the
unfair distribution, retains the remaining appointment to himself,
also a Northerner. He said the court has a duty to call the
Defendants to order in order not to allow a Precedent of Presidents
flouting their oaths of office to obey the constitution. He
asserted that powers of the Federal Character Commission under the
Constitution to serve as appointment and employment spread watch-
dog was intentionally and unlawfully purportedly whittled down by
the National Assembly and reduced to an appendage of the executive
taking orders and directives from the President without no true
independence for that institution.
The Suit filed on the 3rd of March, 2021 is yet to be assigned
to any court.
An activist, F. U. Obalim Esq, has dragged the President,
Federal Republic Of Nigeria, Muhammad Buhari to Federal High Court,
over lopsided appointments of Directors of the NNPC Group in breach
of Federal Character Spread and unlawful arrogation to self the
powers of the Minister of Petroleum.
In the summon available to TheNigerialawyer, Attorney General Of
The Federation, Federal Character Commission, President Of The
Senate, Speaker Of The House Of Representatives And The Clerk Of
The National Assembly, are also the Respondents in the suit.
This is contained in a suit instituted vide an originating
summons marked FHC/ABJ/CS/242/2021 sought for the interpretation of
the following questions of law namely:
Whether by the Combined reading of Section 147 (1), (2), (3);
Section 148 (1)(a),(b),(c), Section 151(1),(2),(3); Section
14(2)(c), (3); Section 67 (1), (2) of the Constitution, Section 19
of the Independent Corrupt Practices and Other Related Offences Act
and Article 13(2) of the African Charter on Human and People’s
Right (Ratification and Enforcement) Act envisioned the self-
appointment and employment by 1st Defendant into a subordinate
office under his control that requires an independent, separate and
conflicting Constitutional roles and Personae in a manner as to
convey to himself an undue advantage as a public officer and
whether as the 1st Defendant acceptance of the role of subordinate
position appointee reserved for other Nigerians for the President’s
supervision, advise and control other Nigerians have not being
deprived of the right of participation in the government of their
country.
If Question (A) above is answered in the negative: whether by
the appointment and the acceptance of latter Public Office
position, the 1st Defendant has not abdicated or vacated his former
position as the President for a lower Ministerial role.
Whether the combined provisions of Sections 14(3), 42 of the
1999 Constitution of the Federal Republic of Nigeria, Section
4(1)(b),(c), (f), (g) and (h) of the Federal Character Commission
Act compels the compliance of the Federal Character Principle in
all Public Office appointments and Confirmations including into the
2nd Defendant’s in a manner devoid of preponderance of a section of
the country to the disadvantage of another section.
Whether Sections 4(1)(a), (d)(i),(ii), 4(1)(e), 4(1)(j),
4(1)(h) of the Federal Character Commission Act that introduced
executive wide discretions in the implementation of the 3rd
Defendant’s positions and opinions on Federal Character provisions
is not in conflict with constitutional provisions in Sections 1(3),
14(3), 42, 153(c) of the 1999 Constitution of the Federal Republic
of Nigeria, and Article 8 (1)(a),(b) and (c) of Part I of the Third
Schedule to the 1999 Constitution of the Federal Republic of
Nigeria that mandates all arms and tiers of government to enforce
the Federal Character principle in all appointments.
If Question (D) is answered in the affirmative: whether
Sections 4(1)(a), (d)(i), (ii), 4(1)(e), 4(1)(j), 4(1)(h) of the
Federal Character Commission Act can be allowed to override the
provisions of the grund-norm, the 1999 Constitution of the Federal
Republic of Nigeria and not liable to be struck down.
The Plaintiff claims against the Defendants jointly and/or
severally as follows:
DECLARATION that the President Federal Republic of Nigeria
self- appointment as Minister of Petroleum and the subsequent
ratification and confirmation by the 3rd Defendant is ultra vires,
illegal, null and void and acceptance of subsequent public office
as a Minister operates as vacation and abdication of its earlier
Public office as the President of the Federation from the date of
assumption of duties as a Minister.
DECLARATION that all appointments by the 1st Defendant and
subsequent confirmation by the 3rd Defendant into every office,
inclusive of the 20 Principal Officers of 2nd Defendant should
reflect Constitutional Federal Character Spread.
DECLARATION of the Court that the 3rd Defendant is
Constitutionally obligated to issue binding opinions to all
Ministries, Department and Agencies of government including the 1st
and 2nd Defendants on all issues of appointments and
employments.
DECLARATION that the provisions of Sections 4(1)(a),
(d)(i),(ii), 4(1)(e), 4(1)(j), 4(1)(h) of the Federal Character
Commission Act which sought to limit the powers of the 4th
Defendant under the Constitution, vide Sections 14(3), 153(c) of
the 1999 Constitution of the Federal Republic of Nigeria, and
Article 8 (1)(a),(b) and (c) of Part I of the Third Schedule to the
1999 Constitution of the Federal Republic of Nigeria is
inconsistent, null and void and liable to be struck down.
ORDER OF THE HONORABLE COURT striking down the portions of the
provisions of Sections 4(1)(a), (d)(i),(ii), 4(1)(e), 4(1)(j),
4(1)(h) of the Federal Character Commission Act that introduced
delimiting discretion of the 1st Defendant in the exercise and
execution of the Constitutional duties of the 4th Defendant.
ORDER OF THE HONOURABLE COURT setting aside the 1st
Defendant’s Appointment of 20 Principal Officers for failure of the
appointments to cumulatively reflect the Federal Character
Principle and Ordering an immediate re-shuffle in accordance with
the Federal Character requirement forthwith.
AN ORDER OF PERPETUAL INJUNCTION mandating the 1st and 2nd
Defendants to always request and be bound by the opinion of the 3rd
Defendant on the Federal Character requirements for all
appointments and employments for the Federation.
AN ORDER OF the court mandating the office of the 2nd
Defendant to enforce the judgment of the court forthwith upon
delivery of the judgment.
In the affidavit he deposed to, the Plaintiff himself alleged
that the President has continued to act in disregard for the laws
of the country since his assumption of office in ensuring an
inbalanced favored appointment of the Northerners over the
Southerners especially in the National Oil Company and after the
unfair distribution, retains the remaining appointment to himself,
also a Northerner. He said the court has a duty to call the
Defendants to order in order not to allow a Precedent of Presidents
flouting their oaths of office to obey the constitution. He
asserted that powers of the Federal Character Commission under the
Constitution to serve as appointment and employment spread watch-
dog was intentionally and unlawfully purportedly whittled down by
the National Assembly and reduced to an appendage of the executive
taking orders and directives from the President without no true
independence for that institution.
The Suit filed on the 3rd of March, 2021 is yet to be assigned
to any court.