Abuja indigenes losses bid to stop ministers’ inauguration

The Federal High Court in Abuja on Monday refused to stop President Muhammadu Buhari from inaugurating the 43 ministerial nominees on August 21, pending the determination of a suit by the indigenes of the Federal Capital Territory (FCT) seeking the appointment of any one of indigenes as a minister of the federal republic of Nigeria.
The vacation judge, Justice Taiwo Taiwo refused to grant the prayer contained in ex -parte application brought by one of the aggrieved indigenes an Abuja based legal practitioner Musa Baba-banya. The judge however ordered the plaintiff to put the respondents on notice and granted an accelerated hearing of the matter.
Baba-panya, had on behalf of himself and the indigenes of Abuja,  dragged Buhari to court for failing to appoint an indigene of the FCT into the Federal Executive Council.
Defenfants in the suit marked: FHC/ABJ/CS/878/19, are President Muhammadu Buhari and the Attorney General of the Federation, 1st and 2nd respondents respectively.
The grievance of the plaintiff is that no one from the federal capital territory is among  the 43 ministerial nominees who went through the Senate screening last month and due for inauguration into the Federal Executive Council .
Beside the substantive suit Baba- banya had told the court that the indigenes have obtained a Court of Appeal judgment directing the President to appoint an FCT indigenes as a minister, therefore he sought to stop  the planned inauguration pending the hearing and determination of the main suit challenging the exclusion of the FCT representation in the cabinet.
Delivering ruling Justice Taiwo Taiwo noted that the applicant had delayed his case , since the names of the ministers have already been confirmed by the National Assembly.
Justice Taiwo  said the court has no place to grant an injunction when the applicant has not establish a legal right.
While holding that the court is inclined to grant an accelerated hearing in the main suit than granting a restraining order, the judge however advised the plaintiff to serve the processes on the AGF alone, since it may be very difficult to personally serve Buhari with the suit. 
The court further held that the matter shall be placed on the court list after service is done personally on the respondents. 
Arguing the motion last week, Baba-panya, who is also an indigene of Karu in the FCT, said the president’s action was contrary to an Appeal Court’s judgment delivered on March 15, 2018.
Baba-panya, told the judge that the Appeal Court’s ruling was a compelling order, which was served on the president through the AGF.
The lawyer, in an originating summon dated August 7, and filed August 8, said that ”the 43 confirmed ministerial appointees now awaiting swearing-in or inauguration as the Federal Executive Council is incomplete, illegal, unconstitutional, null, void and of no effect whatsoever.”
”The 1st defendant stands in contempt of law and court for his brazen refusal to comply with the tenor of the Abuja Division of Court of Appeal’s judgment of 15/1/2018 compelling him to the immediate and forthwith appointment of an indigene of FCT, Abuja as Minister of the federation,” he said.
He therefore prayed the court to grant an interim injunction restraining the president from inaugurating the confirmed Ministers-designate pending the determination of the motion on notice.
He said allowing the president to go on with his decision would mean that ”he is going to constitute an illegal cabinet.”
According to him, the violation of the FCT indigene’s rights to ministerial representation has been going on since May 29, 1999.
He said despite the fact that President Buhari presently has 43 ministerial-designate, he was yet to meet ”the minimum requirement of the constitution which is at least one minister each from the 36 states including FCT, making a total of 37.”
He submitted that if the court would not be inclined to grant the interim injunction order, ”we have prayed in the alternative for the court to issue an order on Mr President and the AGF to come and show course why it should not issue an interim injunction.”
Meanwhile, indigenes of the Federal Capital Territory have threatened a showdown with the President Muhammadu Buhari led Federal government, following their alleged non representation in the Federal Executive Council.