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From Godwin Tsa, Abuja
A pressure group, Kingdom Human Rights Foundation International (KHRFI), has asked the Abuja division of the Federal High Court for an order of mandamus, compelling President Bola Tinubu and the National Assembly to immediately remove the Chairman, Federal Character Commission (FCC), Farida Dankaka, on the grounds of alleged corruption and misconduct.
In the suit marked FHC/ABJ/CS/11/1158/2023, the group listed the FCC chairman; Dr. Muheebah Dankaka; Haruna Kolo; the Attorney General of the Federation; the Code of Conduct Bureau and the Senate as first to sixth defendants, respectively.
Some commissioners in the FCC had accused the chairman of the commission, Mrs Farida Dankaka, of collecting money in dollars for jobs in federal Ministries, Department and Agencies (MDAs). They made the allegations at the House of Representatives ad hoc committee investigating MDAs, parastatal and tertiary institutions on employment racketeering in Abuja.
Some of the commissioners who made the allegations include Mr Abdulrasaq Adeoye, representing Osun State; James Dan’iya, Kwara State; Abdulwasiu Bawa-Allah, Lagos State; Moses Anaughe, Delta State; and Barr. Mamman Alakayi, Nasarawa State, among others.
The commissioners, in some documents submitted to the committee, also alleged that Dankaka often connived with MDAs to collect 10 per cent kickback for jobs offered. They equally alleged that Dankaka connived with the Economic and Financial Crimes Commission (EFCC) to stop a petition written against her on job racketeering by them.
Meanwhile, the suit, which was filed by its Executive Director, Okere Kingdom, is specifically seeking an order of mandamus directing and compelling the fifth defendant (Senate) to immediately and without any further delay exercise the powers conferred on it in Paragraph 3 (d) and (e) of Part 1, Third Schedule to the 1999 Constitution and in Paragraph 12 of the Fifth Schedule, Part 1 to the 1999 Constitution (as amended) to prosecute the second and third defendants before the Code of Conduct Tribunal for breaching the Code of Conduct for Public Officers.
In addition, KHRFI is seeking an order of mandamus directing and compelling the sixth defendant to immediately and without any further delay, exercise the powers conferred on it in Section 157 (1) of the 1999 Constitution (as amended) and pass a resolution supported by two-third majority of the Senate, praying the President of the Federal Republic of Nigeria to remove the second Defendant (Farida Dankaka) as the Chairman of the Federal Character Commission on the grounds of misconduct and corruption.
The group posed the following questions of law for the determination of the court: “whether having regard to the clear, unambiguous and express provisions, spirit and tenor of paragraphs 1, 6, 8, 12 and 13 of the Fifth Schedule, Part 1 to the 1999 Constitution (as amended) the second and third defendants have breached the Code of Conduct for Public Officers and are liable to be prosecuted by the Code of Conduct Bureau before the Code of Conduct Tribunal for asking, receiving and accepting bribe in cash as inducement, benefit or favour for themselves or on behalf of any other person, on account of anything done or omitted to be done by them in the discharge of their duties as public officers; and, thereby, put themselves in a situation where their personal interest conflicts with public duty.
“Whether having regard to the clear, unambiguous and express provisions, spirit and tenor of paragraphs 1, 6, 8, 9, 12 and 13 of the fifth Schedule, Part 1 to the 1999 Constitution (as amended) the second defendant (Dr. Muheebah Dankaka) has put herself in a situation where her personal interest conflicts with her official duty by unlawfully directing the third defendant to request and accept bribe and money gratification on her behalf, in exchange for job/employment offer and, thereby, breached the Code of Conduct for public officers provided for in the Fifth Schedule, Part 1 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“Whether having regard to Section 157 (1) and Paragraph 12 of the fifth Schedule Part 1 to the 1999 Constitution of Nigeria (as amended) the Code of Conduct Bureau and the Senate of the Federal Republic of Nigeria, sued as fifth and sixth defendants have, respectively, failed to perform their constitutional responsibilities to commence prosecution of the second and third defendants; and failed pass a resolution calling on the President of the Federal Republic of Nigeria to remove the second defendant as the Chairman of the Federal Character Commission on the grounds of corruption/misconduct.
Whether this Hon. Court has the inherent judicial powers to hear and entertain this suit and grant the reliefs sought herein, in view of Section 6 (6) (a) and (b), Section 251 (1) (p) (q) and (r), read alongside Section 15 (5) of the 1999 Constitution of Nigeria (as amended); and taking judicial notice of the public outrage and outpouring of condemnation that followed the confessional statement of the third defendant admitting that he collected bribe worth N75 million from different job seekers in exchange for job placement on behalf of the second defendant, and that he withdrew the money and gave them to the second defendant in cash as directed by the second defendant.
