Buhari breaches constitution by not constituting FCC board – Senate

President Muhammadu Buhari is breaching the 1999 Constitution and provisions of the Act establishing the Federal Character Commission (FCC) by not constituting the management board of the Commission since 2018.

Consequently, the Senate on Tuesday urged President Buhari as a matter of necessity constitute the FCC management which has been without a substantive head since 2018.

The resolution of the Senate was sequel to a point of order 42 and 52 raised by the Senate Minority Leader, Sen Eyinnaya Abaribe, on the “Urgent need to reconstitute the Federal Character Commission (FCC).”

Leading debate on the motion, Senator Enyinnaya noted that pursuant to Act No. 34 of 1996 and Section 153 of the 1999 constitution (as amended) provided for the establishment of the Federal Character Commission.

He also noted that under Act No.34 of 1996, LFN subsection 1, 2 & 3 stipulates the establishment, membership and tenure of office of the Chairman and members of the Commission.

“Aware that Section 3(1) of the Act states that the Chairman and members of the Commission shall hold office for a period of five years in the first instance and for a further term of five years on such terms and conditions as may be specified in their letters of appointment.

“Further aware that Federal Character Commission body has lapsed since 2018 as against its Act.

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“Observed that since 2018, Federal Character Commission has been run by an Acting Chairman who has now become a sole administrator.

“Further observes that no provisions of the Act or the Constitution stipulates the need for the office of a sole administrator or an Acting Chairman.

“Note, that the Federal Character Commission (FCC) has been a tool for unity, equitable formula distribution and good governance of the nation.

“Accordingly note that failure to reconstitute the commission amounts to a constitutionai breach of the act establishing the Federal Character Commission.”

It was gathered that since 2018 when the tenure of the former management of the FCC elapsed, the organisation has been at the mercy of an acting chairman, who has now become a sold administrator in contravention of the law.

Also presently, there is no commissioner in FCC as every state in the country is entitled to have a representative.

“The law do not allow sold administrator in FCC,” Abaribe said, adding that the commission was established to ensure unity, good governance and to serve as a tool for sharing appointments and employments in the country.

In his contribution, Deputy Chief Whip of the Senate, Sabi Abdullahi (Niger North), said the role of the Federal Character Commission is too important to be left in a vacuum.

He said that FCC must be given the attention it deserve, as unemployment has been an issue in the country, which FCC will help in addressing.

He said if the FCC management is constituted, it will help Nigerians to get jobs, as FCC will ensure equitable sharing of vacancies in government establishments where it might exist for Nigerians to benefit.

In his remarks, the President of the Senate, Ahmad Lawan, said the Federal Character Commission is one of the national tools that work to ensure equity in the 36 states and the Federal Capital Territory (FCT), adding that with the resolution, the executive will expedite action by reconstituting the management of FCC.