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Lopsided Appointments: NASS Gets 30 Days To Respond To Suit Against Buhari

Published

6 years ago

November 18, 2020

The Abuja Division of the Federal High Court, on Wednesday, gave the National Assembly, 30 days to respond to the suit that elder statesmen and leaders of socio-cultural groups in the Southern and Middle Belt regions of the country, filed to challenge alleged lopsided appointments by President Muhammadu Buhari.
The sixteen elder statesmen told the court that most appointments Buhari made since the inception of his administration in 2015, were in breach of the 1999 Constitution and the Federal Character Principle.
The plaintiffs, led by Chief Edwin Clark, Chief Reuben Fasoranti, Dr. John Nnia Nwodo, Dr Pogu Bittus, Chief Ago Adebanjo, Alaowei Bozimo, Mrs Sarah Doketri, Chief Chukwuemeka Ezeife and Air Commodore Idongsit Nkanga, alleged that the Southern and Middle Belt regions have been deliberately marginalized by the Buhari-led government.
They are praying the court to among other things, determine whether it was not “reckless and adverse to the interest of Nigeria”, for President Buhari to obtain a loan facility from the Islamic Development Bank, African Development Bank, the World Bank, China, Japan and Germany amounting to $22.7billion, for infrastructural development, only to allocate the bulk of the fund to the Northern region.
They are seeking a declaration that the loan facility purportedly for infrastructural development wherein less than 1% of the amount is to be allocated to the South-East Zone of Nigeria for specific infrastructural development, violates Section 16 (1) (a) (b) and S16 (2) (a) (b) (c) of the 1999 Constitution (as amended), as well as, “A declaration that the 1st Defendant’s procurement of any loan which would increase Nigeria’s outstanding debt by up to 30% of its GDP or which would increase its interest payment above 50% of government revenue is unconstitutional”.
Other plaintiffs in the suit marked FHC/ABJ/CS/595/2020, are Senator Kofoworola Bucknor-Akerele, Prof Julie Umukoro, Elder Stephen Bangoji, Alhaji Tijani Babatunde, Mrs Rose Obuoforibo, Mr Adakole Ijogi and Dr. Charles Nwakeaku.
Aside from Buhari, also listed as 2nd to 4th Defendants in the matter are the Attorney-General of the Federation, Clerk of National Assembly and the Federal Character Commission.
When the matter came up on Wednesday, Justice Okon Abang, gave the NASS which has been included as the 5th Defendant the leave to file its response.
The court also directed the AGF to regularize his own process which it noted was filed out of time, even as the case was adjourned till January 13, 2021, for hearing.
Specifically, the Plaintiffs, in the suit they filed through a consortium of lawyers comprising of 10 Senior Advocates of Nigeria led by Chief Solomon Asemota, SAN, and Chief Mike Ozekhome, SAN, are further praying the court to determine: “Whether the power to appoint designated public officers, including permanent secretaries, principal representatives of Nigeria abroad, which is vested in the 1st Defendant has been lawfully exercised by him since the inception of his administration from 2015 till date and Whether his actions are in breach of Sections 171(5), 814(3) (4) of the 1999 Constitution (as amended).
“Whether the power to appoint Nigeria’s Armed Services Chiefs, other Commanders or top officials of the respective Armed Forces Higher and High Commands’ General Staff; namely the Chief of Defense Staff (CDS), Chief of Army Staff (COAS), Chief of Naval Staff (CNS) and Chief of Airforce Staff (CA8); the other statutorily established Nigerian National Security agencies or services , namely: The Inspector General of the Nigerian Police (1GP), the Directors General (DGs) of the State Security Service (SSS), National Intelligence Agency (NIA) and the Defense Intelligence Agency (DIA); the Heads of National Security Associated Federal Government (FG) establishments, namely the Nigerian Civil Defense and Security Corps (NCDSC), Economic and Financial Crimes Commission (EFCC), the Nigerian Customs and Excise Service, the Nigerian Immigration Services (NIS), the Nigerian Correctional Services (NCS), the National Emergency Management Authority (NEMA), the National Youth Service corps (NYSC), the National Security Adviser (NSA), the Ministers of Defense, Interior, Police and the respective National Security ministries’ Permanent Secretaries’ which is vested in the 1st Defendant, has been lawfully exercised by the 1st Defendant since the inception of his administration and whether these appointments are in compliance with 81(2), 814(3)(4), 8217(3) of the 1999 Constitution (as amended).
“Whether by virtue of Section 5 of the 1999 Constitution (as amended) which vests the Executive arm of government with a constitutional responsibility and obligation to execute and uphold the tenets of the 1999 Constitution (as amended), particularly the country’s national interest, sovereignty and security is not violated by the lopsided nature of the current appointments into federal agencies are parastatals made by the 1st Defendant.
“Whether the 1st Defendant’s frequent arbitrary extension/elongation of appointment tenure beyond statutory prescription is not unconstitutional and inimical to the wellbeing, morale and harmony within the government workforce?
“Whether the 1st Defendant’s frequent appointment of retired persons instead of the most senior staff, is unconstitutional and tantamount to an abuse of office and threat to national unity?”
Upon determination of the questions, the plaintiffs prayed the court to declare, “That the present composition of the government of the federation, and most of its agencies, especially as regards the composition of its security and quasi-security architecture do not reflect the Federal Character of Nigeria but rather there is a predominance of persons from a few states and sectional groups dominating the opportunities and threatening national unity and integration.
“A declaration that the various appointments into positions in government, especially into strategic government agencies such as NNPC, NIA and other strategic infrastructural and regulatory institutions are ethnically discriminatory and lopsided and these violate the express provisions of the constitution as contained in Sections 14, 171 (1), 171 (5) of the 1999 Constitution (as amended)and therefore unconstitutional, illegal and ultra vires.
“A declaration that the country’s security architecture is in substantial, noncompliance, nonconformity and violation of Sections 217 (3), 218(2), 219 of the 1999 Constitution (as amended) and is therefore unconstitutional and ultra vires.
“A declaration that the 1st Defendant’s exercise of his power to make appointments as contained in S171 is not only governed by S171 (5) but also by the Public Service Rules, 2008.
“Consequently, the 1st Defendant’s indiscriminate and unlawful elongation of tenure of persons due for retirement and wanton extension of the tenure of heads of various government departments and agencies is also a violation of S14 (2), S15 (5) of the Constitution which prohibits abuse of power and promotes social justice.
“A declaration that the Defendants deliberate misinterpretation, misapplication and/ or non-application of the 1999 Constitution (as amended) and other extant laws herein enumerated have marginalized, discriminated against, and treated citizens that the Plaintiffs represent as second class and inferior citizens in their own country.
“A declaration that Section 10 CFRN prohibits the government from passing laws, legislation or engaging in activities, programmes, and projects seen as establishing an official religion or preferring one religion over another in Nigeria.
“A declaration that the Defendants derive their powers from the Nigerian Constitution, and must act within the ambit of the supreme provisions of the 1999 Constitution (as amended). Consequently, actions taken by the respective organs of government in violation of the 1999 Constitution (as amended) are unconstitutional, ultra vires and null and void. “A declaration that because the 1999 Constitution (as amended)is not suspended; it must be obeyed and adhered to.
“A declaration that Nigeria is a federal system of government, with federating states, and a Federal Capital Territory in accordance with Section 2(2) of the 1999 Constitution (as amended). Therefore, any system of governance operated contrary or inconsistent with the provisions of the 1999 Constitution (as amended) shall be deemed unconstitutional or illegal.
“An order of perpetual injunction restraining the Defendants, whether by themselves, servants, agents and/or privies, howsoever, from further appointing persons from only favoured sections of the country as Heads of key government positions and security and quasi security agencies of Nigeria to the detriment and exclusion of other sections of the country.
“An order of perpetual injunction restraining the Defendants, whether by themselves, servants, agents and their privies howsoever, from further violating the Public Service Rules 2008 and Armed Forces Act 2004 by extending tenures of personnel who have reached retirement age in accordance with the law.
“An order directing the 1st Defendant to forthwith revert the lopsided appointments complained about in the security and quasi security agencies and immediately take steps to appoint persons from other states and geopolitical zones, in line with the provisions of the 1999 Constitution (as amended) of the Federal Republic of Nigeria, as amended.
“An order directing the 1st Defendant to forthwith reverse the lopsided appointments made in the public service, diplomatic service and other principal Representatives of Nigeria abroad.
“An order suspending any further admission of Africans into Nigeria without e-visas, the requisite visas or e-migrant visas, until the adequate border control guidelines, training and bilateral reciprocity and waivers are agreed upon”.
Besides, the court was urged to award N50billion against the Defendants to represent punitive, aggravated and exemplary damages to the constituents of the Plaintiffs for the illegal, wrongful discriminatory and unconstitutional acts committed by the 1st Defendant against the people of the Plaintiffs’ states and geopolitical zones.

Featured

Fubara Reaffirms Commitment To Peace, Development

Published

10 hours ago

May 29, 2026

The Tide

Governor of Rivers State, Sir Siminalayi Fubara, has reaffirmed the unwavering commitment of his administration to peace, unity, security, and inclusive development as Rivers State marked its 59th anniversary, last Wednesday.

In a goodwill message issued on Wednesday to commemorate the anniversary, Governor Fubara stated that despite the challenges faced over the years, the people of Rivers State have continued to demonstrate resilience, strength, and an enduring spirit of unity that has sustained the state since its creation.

The Governor noted that the strong bond of brotherhood among the various ethnic nationalities of the state, including the Ijaw, Ikwerre, Ogoni, Etche, Ekpeye, Andoni, Kalabari, and others, remains one of Rivers State’s greatest strengths and a critical foundation for peace, stability, and progress.

He further observed that Rivers State has remained a major driver of Nigeria’s economy for decades, not only because of its abundant oil and gas resources, but also because of the exceptional contributions of its people across diverse sectors including academia, jurisprudence, business, entertainment, public service, and sports.

Governor Fubara assured the people that his administration will continue to prioritize policies and programmes that promote peace, protect lives and property, and expand development across all parts of the state. He emphasized that governance must be people centered and impactful, with equal attention given to every Local Government Area of the state.

The Governor also paid tribute to the elders and founding leaders of the state for preserving the spirit of unity and coexistence over the years, while urging the youths to remain hopeful, responsible, and actively committed to building a greater Rivers State through innovation, hard work, and patriotism.

He equally acknowledged the invaluable role of women in strengthening families, communities, and society, describing them as indispensable partners in the continued growth and stability of the state.

Governor Fubara called on all Rivers people to use the occasion of the anniversary as a moment of reflection and renewed commitment to peaceful coexistence, mutual respect, dialogue, and collective progress, stressing that the unity and future of Rivers State must always rise above personal interests and political differences.

Rivers State was created on May 27, 1967, by General Yakubu Gowon.

Editorial

Nigeria’s 27 Years of Civil Rule Journey

Published

11 hours ago

May 29, 2026

The Tide

Nigeria returned to civil rule on May 29, 1999, after several years of military intervention in politics. The transition marked a major turning point in the nation’s history and raised hopes for freedom, stability, economic growth and accountable leadership. Citizens expected that elected governments would strengthen institutions, improve living conditions and unite the country after years of authoritarian rule. Twenty-seven years later, civil rule has survived without interruption, making it the longest uninterrupted civilian administration since independence in 1960.

Since 1999, Nigeria has witnessed six administrations at the federal level. Olusegun Obasanjo governed from 1999 to 2007, followed by Umaru Musa Yar’Adua from 2007 until his death in 2010. Goodluck Jonathan served from 2010 to 2015, while Muhammadu Buhari led the country between 2015 and 2023. Since May 2023, Bola Ahmed Tinubu has been in office. Though democracy has remained stable, governance outcomes have produced mixed reactions among Nigerians.

The country has made some notable progress over the past 27 years. Democratic institutions such as the National Assembly, judiciary, political parties and the media have become stronger than they were during military rule. Elections are now regular, though still imperfect. Telecommunications, banking, entertainment and digital technology have expanded greatly. Nigerian youths have also become more politically aware and active. The country’s economy, despite its difficulties, remains one of the largest in Africa.

However, many of the expectations that came with democracy remain unmet. Corruption, unemployment, poverty, insecurity and poor infrastructure continue to trouble the nation. Public confidence in government institutions has weakened over time because many citizens believe political leaders have not done enough to improve their welfare. Ethnic and religious tensions also remain major challenges. While democracy has endured, good governance has not always matched the hopes of the people.

President Tinubu’s administration began with bold economic decisions aimed at reforming the nation’s finances. His government removed fuel subsidy and unified the foreign exchange system. Supporters argue that these measures were necessary to reduce waste and attract investment. The government also increased revenue allocation to states and sought to improve tax administration. Yet the immediate impact has been severe hardship for millions of Nigerians. Inflation, high transport costs and the falling value of the naira have placed enormous pressure on households and businesses.

In education, the Tinubu administration has promised reforms through student loan schemes, support for technical education and efforts to reduce strikes in tertiary institutions. Some progress has been recorded with the establishment of the Nigerian Education Loan Fund. However, public schools still face poor funding, inadequate facilities and shortage of teachers. Many students continue to struggle with rising school fees and declining quality of education.

The health sector under the current administration has also recorded both efforts and challenges. Government has pledged to improve health insurance coverage. Nevertheless, hospitals across the country still suffer from inadequate equipment, shortage of medical personnel and brain drain as doctors and nurses continue to leave Nigeria for better opportunities abroad. Access to affordable healthcare remains difficult for many rural communities.

The power sector remains one of Nigeria’s biggest disappointments after nearly three decades of democracy. Despite repeated promises and reforms, electricity supply is still unstable. Businesses and households spend heavily on generators and fuel. The Tinubu administration has introduced policies aimed at decentralising power generation and encouraging investment, but ordinary Nigerians are yet to feel significant improvement in electricity supply.

The rising cost of living has become the greatest concern for many Nigerians today. Food prices, transportation costs and rent have increased sharply. Though the Federal Government introduced palliative programmes and cash transfer initiatives to cushion the effects of reforms, many citizens believe the interventions have been inadequate or poorly distributed. There is growing demand for more effective social protection programmes targeted at vulnerable citizens.

On national security, the government continues to battle terrorism, banditry, kidnapping and communal violence. Security agencies have recorded some successes in parts of the country, yet insecurity remains widespread. Farmers in many rural communities still face attacks, affecting food production and increasing fear among citizens. Regional stability in West Africa has also become more uncertain due to political crises in neighbouring countries. Nigeria continues to play a leading diplomatic role in the region, but internal security challenges weaken its influence.

In infrastructure and other key sectors, the Tinubu administration has continued several road, rail and housing projects inherited from previous governments. Investments in ports, gas and digital technology have also been encouraged. In agriculture, government has promoted mechanised farming, dry season cultivation and access to credit. Yet food insecurity remains high because insecurity, inflation and poor rural infrastructure continue to affect agricultural productivity. Nigeria still imports many food items despite its vast agricultural potential.

To improve national conditions, the Federal Government must place greater attention on job creation, industrialisation and support for small businesses. More investment is needed in agriculture, healthcare, education and electricity. Anti-corruption institutions should be strengthened while government spending must become more transparent. Leaders must also prioritise national unity and reduce political divisions. Nigerians expect reforms that produce visible improvements in their daily lives, not only policy announcements.

In Rivers State, the 27 years of civilian rule have produced substantial development alongside political tensions. The state has remained economically important because of its oil and gas resources. Different administrations since 1999 have invested in roads, schools, healthcare facilities and urban renewal projects. However, political conflicts and struggles for power have often affected governance and slowed development in parts of the state.

Governor Siminalayi Fubara assumed office in May 2023 amid high expectations and intense political disagreements. In infrastructure, his administration has initiated projects such as massive road construction, bridge rehabilitation and urban development schemes in parts of the state. Ongoing works on major roads and public facilities have been presented as efforts to improve transportation and economic activities. Critics, however, argue that political instability in the state has distracted government’s attention from faster project delivery.

In education and health, the Rivers State Government has continued support for public schools and healthcare centres. Efforts have reportedly been made to improve learning environments and sustain payment of workers’ salaries. In health, there have been interventions in hospitals and primary healthcare services. On security, the administration has worked with security agencies to maintain peace, although political tensions in the state have created uncertainty. In the civil service, workers and pensioners have largely continued to receive salaries, stipends, and welfare support. The state government has also shown interest in agriculture and power development, though these sectors still require stronger investment and clearer long term strategies.

Going forward, Rivers State needs greater political stability to achieve meaningful development. The government should focus more on rural roads, youth employment, agricultural expansion and uninterrupted healthcare services. Investments in independent power projects and industrial development would help attract businesses and reduce unemployment. Above all, political leaders in the state must place the interest of the people above personal or factional battles. Democracy can only succeed when governance delivers peace, development, and hope to ordinary citizens.

Featured

WASSCE: RSG Distributes Science Materials To Secondary Schools

Published

2 weeks ago

May 13, 2026

The Tide

The Rivers State Government has distributed science equipment and materials to all senior secondary schools across the state to support students during the ongoing West African Examinations Council exams and to strengthen practical learning.

Flagging off the distribution at the Rivers State Senior Secondary Schools Board premises in Port Harcourt, on Monday, the State Commissioner for Education, Dr. Peters Nwagor, said the move demonstrates Governor Siminalayi Fubara’s commitment to improving education standards in the State.

Nwagor said the materials were approved and provided by the state government specifically to boost the teaching and learning of science subjects, describing science education as the foundation for technological advancement, innovation, and national development.

“No society can compete globally without deliberate investment in science and technology,” the Commissioner stated.

He commended the governor for consistently prioritising the education sector by providing tools needed for effective teaching and hands-on learning.

The Commissioner directed principals to ensure that the equipment are used strictly for practical lessons in their schools, warning that any principal or administrator found diverting, hoarding, or selling the materials wil face disciplinary action under public service regulations.

Nwagor also warned against examination malpractice, saying any principal found aiding or encouraging malpractices will be decisively sanctioned.

“We must collectively restore the dignity and credibility of our educational system,” he said.

Also speaking, Chairman, Rivers State Senior Secondary Schools Board, Tony Egwurugwu, urged school heads to make judicious use of the materials for students’ benefit.

He thanked the State Government for providing the resources, and assured that monitoring mechanisms would be put in place to ensure the materials serve their intended purpose.

In his own remarks, a Board Member for Technical Education, Nwisabari Bani Samuel, expressed appreciation to the governor for prioritising education and acknowledged the Commissioner’s role in advancing education development in the State.

He said the distribution covers all senior secondary schools in the State and is intended to improve students’ performance in both internal and external science examinations.

Akujobi Amadi