By Lateef Taiwo

Natives of the Federal Capital Territory, FCT have disclosed plans to drag both the federal government and the authorities of the Federal Capital Territory Administration, FCTA, to court over alleged violation of federal character principles in appointments of residents.

The indigenes operating under the umbrella of Abuja Original Inhabitants Youth Empowerment Organization, AOIYEO, in a letter dated Thursday, 21 November, 2023, and addressed to President Bola Ahmed Tinubu, gave the FG and FCTA, a 30-day ultimatum to appoint residents particularly indigenes of the FCT to various positions at the federal government level and the FCT Administration.

The letter which was released by solicitor, James Egah Ndeye of J.E Ndeye & Co. Chambers on behalf of commandant Isaac David, the Garkuwan Matasan Arewa, who also doubles as AOIYEO President,ade a copy available to Aljazirah Nigeria in Abuja.

According to the letter, failure to adhere to the request would leave the indigenes no option than to seek redress by institution of legal action in a court of competent jurisdiction to claim their rights as provided under the law of the land.

The letter however appealed to the President not to get upset or receive the letter as an act of ingratitude as his renewed hope agenda has rekindled the hope of the indigenes.

The letter was titled: “Letter of Intention to Sue on Failure to Uphold the Guiding Principles of the Federal Character in Appointments of Residents and Indigenous People of the FCT,at the Levels of Federal Government and the Federal Capital Territory Administrations.”

The natives lamented how the representation of the indigenes or residents of the FCT Abuja in the positions in nine established Mandate Secretariats was only one.

It read: “We act as Solicitors to the Abuja Original Inhabitants Youth Empowerment Organization (AOIYEO) an FCT Abuja indigenous non-governmental organization with the aim of protecting the interest of indigenous communities in the territory (herein after referred to as our Client) and on whose behalf and instructions we write this letter on the above subject matter.

“It would interest His Excellency to note that the Federal Capital Territory Administration assumed full operation in tandem with state structure by virtue of order No. 1, 2004 otherwise called the Federal Capital Territory (Establishment of Functionaries and Departments) and Ministry of Federal Capital Territory (Dissolution) Order No.1, 2004, Federal Capital Territory Act, CAP F6, Laws of the Federation of Nigeria, 2004 which created the nomenclatures of Chief of Staff to the Hon Minister akin to Secretary to a state Government and Mandate Secretaries akin to Commissioners of a state.

“The then President Olusegun Obasanjo exercised his powers and made the Order No.1, 2004 pursuant to the constitutional provisions of section 299 of the 1999 constitution and sections 14 and 18 of the FCT Act.

“It is disheartening to note your Excellency, that the representation of the indigenes or residents of the FCT Abuja in the above positions is only one (1) out of the nine (9). Thus, from the inception of ESTABLISHMENT of these Functionary bodies in 2005 to date the Mandate Secretaries have all along been non-indigenes with only one representing the indigenes of the FCT, Abuja.

“In bewilderment one may ask whether the rationale or criteria of appointments and composition particularly,of political cadres in the FCT Administration is based on six-geo political zones of the country.

“For instance, the FCT Internal Revenue Service (IRS) appointment of members is based on six geo-political zones of the country thereby excluding the six Area councils of the FCT.”

“Is this what applies to the appointment and composition of the Mandate Secretaries and other FCT Agencies and Parastatals? The FCT IRS Act which established a Board for the service is made up of 14 members.
The Chairman is appointed by the minister of FCT with the approval of the National Assembly.
Other members are the Deputy Chairman, 6 representatives from different Departments of FCTA and 6 persons drawn from each of the six(6) geo-political zones of the country.

Equally, the following FCTA Agencies and Parastatals recently dissolved by the Minister of FCT Nyesom Wike, were headed by all but two non-indigenes.

“The above list is unexhausted as some of the Agencies are FCT Commissions which tenure of office are constitutionally fixed and determined and others might yet be given attention by the Minister.

“These also are without mention of the past and present Ministers of FCT and Ministers of State for the FCT with Nyesom Wike being the 17th Minister and Mariya Mahmoud Bunkure being the 12th Minister of State who are and have all been non-indigenes.

“The Executive Secretaries of the FCDA and Permanent Secretaries all have been non-indigenes.

“At this juncture, it is pertinent to draw the attention of His Excellency of some relevant provisions of the Constitution and the laws on guidelines for composition of the government of a state, which without doubt, it is settled law that FCT operates as one.
The Order 1, 2004 is meant to achieve this goal.

“Section 14(4) of the 1999 constitution provides:
“The composition of the Government of a State, a Local Government Council, or any of the agencies of such Government or council and conduct of the affairs of Government or Councils or such agencies shall be carried out in such manner as to recognize the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the peoples of the Federation.”

According to the natives,”The provisions of Section 4(1)(a) of the Federal Character Commission (Establishment etc) Act which in effect is that (a) the Federal Character Principles which apply to the Federal Service in relation to the State shall apply to the States services in relation to the Local Government; (b) the local governments shall be equitably represented. ”

“Thus, the formulae for sharing and distribution of posts among the local government areas, Area Councils in the case of FCT, shall be done on the basis of representation of the local government areas, in the instant case the Area Councils of the FCT.

“In practical terms, the appointments, particularly political appointments such as the mandate secretaries and heads of other FCT Agencies, should be spread across the six Area Councils of the FCT.

“Thus, each Area Council should have a mandate secretary and representative(s) as Heads of the FCT Agencies.

“Paradoxically, His Excellency may note that the composition of the government of the Federal Capital Territory Administration, Abuja particularly ranging from the appointments of the Minister to the Minister of state, the Permanent Secretary of the FCTA; the Executive Secretary of the FCDA; the Mandate Secretaries who are like state Commissioners, the Chief of staff who is like Secretary to the state government, Heads and Chief Executive Officers of the FCTA Agencies, Commissions and other parastatals all have falling short of the foregoing constitutional provisions and the law.

“The composition of the government of the FCTA has not been carried out in such manner as to recognize the diversity of the people within its area of authority, with all sense of responsibility, which are the people across the six Area councils of the FCT, Abuja who have no other place to claim as a state.

“Going by the definition of an INDIGENE OF A STATE under the Federal Character Commission (Establishment etc) Act , an INDIGENE OF A STATE means:
“a person who is an indigene of one of the local governments in that state: provided that no person shall lay claim to more than one state or to a state and the federal capital Territory. And an indigene of the Federal Capital Territory, Abuja means:
a. “Is a Nigerian citizen other than by naturalization, who cannot lay claim to any state of the Federation; or
b. Is a person born in the Federal Capital territory and whose descendants lived in the area presently constituting the Federal Capital Territory before 26 February 1976 and has continued to reside in the Federal Capital Territory after that date.”

His Excellency must be prompted on the essence of the provisions of S.14(4) of the constitution and the Federal Character Act which is to ensure fairness and equity in the distribution of public posts and socio-economic infrastructure among various federating units of the Federal Republic of Nigeria and the people in their diversity.

This is to further ensure the unity, peace and freedom of all citizens of the country.
Meanwhile, His Excellency would not be upset with this letter as our client and the entire people of the FCT are not showing any act of ingratitude having recognized and appreciate the manifest of your admirable achievements that on their own are pointed and vehement salute to your sense of industry and excellence which ultimately has culminated in the giant strides you have recorded in this short period of your government within and outside the shores of Nigeria.

However, His Excellency would recall that since the appointment of Hon. Zephaniah Jisalo as a Minister, who is indigene of the FCT, you have not given consideration to indigenes again for another strategic appointment at the Federal Government level and the FCTA despite ongoing wielding appointments by His Excellency and the Minister of FCT, Nyesom Wike.

For instance, so far over 20 Special Advisers to the President are spread across the 36 states except the FCT; recent appointment of heads of Federal government agencies and parastatals including information, Aviation e.t.c have no indigene of FCT representation.

“We do not want to believe that the appointment of a minister from among the indigenes is de gracia enough as concession to our rights of inclusiveness in the affairs of the government at both Federal and FCTA levels. His Excellency’s renewed hope agenda has rekindled the hope of the indigenes.

“Let it not slack on the FCT indigenes. We would celebrate His Excellency if we are given more opportunity to serve this country than what we have been offered. It is our constitutional rights.

“It is against this background that we have the instructions of our client to urge His Excellency to exercise his constitutional and executive powers as both President of the Federal Republic of Nigeria and Governor of FCT Abuja to include the residents and/or indigenes of FCT in your appointments at the Federal Government level and the FCT Administration on the basis of fairness, equity and the law.

“Take note that we have the further instructions of our client that should His Excellency fails, refuses and/or neglects to appoints residents particularly indigenes of the FCT to various positions at the Federal government level and the FCT Administration within 30 days with effect from the date of receipt of this letter in compliance with the provisions of the constitution and the Federal Character Commission Act, we would be left with no option than to seek redress by institution of legal action in a court of competent jurisdiction to claim for our client and the entire people of the FCT Abuja their rights as provided under the law of our land.”

The following were copied in the letter: Chief of Staff to the President, Femi Gbajabiamila, Minister of the Federal Capital Territory, Nyesom Wike, the Chairman, Federal Character Commission (FCC), The Director-General, Department of Security Services, (DSS) and the Commissioner of Police, Federal Capital Territory Command.