Refusal Of Previous And Current Presidents To Appoint An Indigene Of FCT-Abuja As A Minister Contravenes The Constitutional Right Of Citizens Of FCT-Abuja. By O. G. Chukkol.

147(1)&(3) of the constitution is to the effect that there shall be offices of ministers and the ministers shall be appointed base on federal character principle entrenched in section 14(3) of the constitution. Meaning, each state must have a representative as a minister. But unfortunately, no president from 1999 has ever considered appointing an FCT indigene as a minister up till date. Now let us bring the matter within a narrow compass by asking and answering the following questions:

• Is FCT Abuja a state?
• If FCT Abuja should be regarded as a state, can they enjoy the benefit of section 14(3) of the constitution since the section is generally not justiciable?

On the first poser, the answer is in section 299 of the constitution. The section provides as follows: “The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation” Court of Appeal in the case of Okoyode v. FCDA (2005) 27 WRN 97 page 105 gave effect to the above provisions in the following words: “By virtue of Section 299 of the Constitution of the Federation, the Federal Capital Territory is in law a state. In other words the Federal Capital Territory should be treated as one of the states in the Federal Republic of Nigeria.” Having established that FCT Abuja is to be regarded as a state in constitutional interpretation, Let us attempt finding solution to the second poser. Generally speaking, section 14(3) of the constitution, just like other provisions under Chapter II of the 1999 Constitution is not justiciable by reason of sections 6(6)(c) thereof and the cases of Archbishop Olubunmi Okogie v. Lagos State (1981) 2 NCLR 337 at 350 and AG Ondo v. AG Federation (2002) 27 WRN 1 at 153. Meaning, No one can be heard in court to complain that the section was breached. However, this is merely a general position. One of the exceptional circumstances where the section can be enforced by court is when the section is made justiciable by any other provision(s) of the constitution. This is why on the subject matter under discourse, section 147(3) becomes very important. The section provides that appointment of ministers shall be in accordance with section 14(3) of the constitution (Federal Character principle). The implication is that the section has made section 14(3) justiciable. For the avoidance of doubt, it was recently pronounced in PANYA v. PRESIDENT, FRN & ORS (2018) LPELR-44573(CA) thus: “…because of the importance of the reflection of federal character in the appointment of Ministers by the President, Section 14(3) was incorporated into the provisions for mandatory compliance. It is therefore absolutely important to note that the inclusion of S.14(3) for its compliance by the President in Section 147(3) now makes Section 14(3) in relation to Ministerial appointment justiciable. The law is settled that a specific provision prevails over and above a general provision in an enactment. See Ibori v. Ogboru (2004) 15 NWLR (Pt.895) 154 at 194-195; Kraus Thompson Organization v. National Institute for Policy and Strategic Studies (NIPSS) (2004) 17 NWLR (Pt. 901) 44 at 59, 65.” The point I have been labouring to make is that By the combined effect of the provisions of Sections 299, 147(1)& (3) and 14(3) of the Constitution, it is obligatory or mandatory for the President of Nigeria to appoint at least one Minister from the indigenes of FCT, Abuja as a Minister to represent them in the Federal Executive cabinet of the Federation. Failure to appoint any Minister from amongst the indigenes of FCT, Abuja, is a flagrant violation of the constitutional right guaranteed by Section 147(3) and its proviso thereto, Section 299 and Section 14(3) of the 1999 Constitution. To borrow from the learned justices of the Court of Appeal, the above provisions are meant to create a happy egalitarian citizenry in this country as envisaged by the preamble to the constitution. The provisions are aimed at ensuring equal and fair participation of all states in the recognition of the diversity of the people of this country and the need to forge national unity, promote a sense of belonging among all the peoples in the Federation. I humbly urge President Buhari not to copy former presidents. He should uphold the constitutional right of the indigenes of FCT by appointing one of them as a minister. But wait a minute! Who can law recognise as an indigene of FCT Abuja? This should be a topic for another day. Though a reader who can quickly check Part II of the Federal Character Commission Act, Cap F7 Laws of the Federation of Nigeria, 2004 shall find the answer. O. G. Chukkol is a student of law, ABU, Zaria. oliverchukkol@gmail.com]]>