Open Letter To Tinubu: Why FCT Indigene Should Be In FEC, By Rabiu Saidu Esq.

OPEN LETTER TO THE PRESIDENT-ELECT,
YOUR EXCELLENCY, ASIWAJU BOLA AHMED TINUBU

IN RESPECT OF THE REQUIREMENT OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED) TO NOMINATE AND APPOINT AN INDIGENE OF THE FEDERAL CAPITAL TERRITORY (FCT), ABUJA, AS MINISTER, FOR A REPRESENTATION IN THE FEDERAL EXECUTIVE COUNCIL AND A FERVENT PLEA FOR COMPLIANCE WITH SAME.

BY RABIU SAIDU, ESQ.

Let me start by congratulating Your Excellency for emerging victorious in the most keenly contested presidential election since the return to democracy in Nigeria. As you take charge of steering the destiny of the nation in these challenging times in various spheres of lives of Nigerians, may God Almighty endow you with all the necessary tools, good health and wisdom to enable you lead the nation into greatness in all ramifications.

I am an indigene/native of the Federal Capital Territory, Abuja and I write in that capacity. I also write on behalf of myself, all the indigenous youths of the FCT, and the conglomeration of indigenous youths’ organisations in the FCT, Abuja.

This letter could not have been written at a better time than now because, as congratulatory messages are pouring in, we are sure, you are already considering names with a view to forming Your Excellency’s cabinet as soon you are sworn-in as the President of the Federal Republic of Nigeria, come May 29, 2023. As a committed cum determined democrat, and one who possesses the spirit to quicken the pace of Nigeria into attaining its desired and long-awaited developmental goals, we are sure you will hit the ground running as soon as you are sworn-in. Hence, this letter cannot wait for another time.

We, the indigenes of the FCT, Abuja, have been bedevilled by myriads of challenges which have led to untold deprivations and annihilation of our sense of belonging, consequently reducing us to second-class citizens in our own land! Your Excellency Sir, as we are sure you are aware, the FCT does not have an elected executive head like a Governor or Mayor who would be directly responsible to the plight of the people of the FCT. Aside from being denied or deprived of the opportunity of the people of FCT electing their own leaders whom would be directly responsible and in charge of their affairs, this pitiful situation, has created a huge gap between the people of the FCT and the Federal Government, thereby, rendering us beggars in our land, as it has always been a long and avoidable journey for every problem or issue we need to relate to the Federal Government.

Another situation is that, FCT, Abuja, is not known to have a State House of Assembly as the other states do. The National Assembly is said to be there to fill in the gap for legislative business regarding the FCT. However, because of the composition of the National Assembly coupled with the enormity of its primary assignment, which is national legislative business, FCT legislative business, does not always receive the due attention it deserves.

Again, the people of the FCT are not adequately represented in the National Assembly, as only 1(one) senator, in fact, represents, the entire FCT in the Senate and only 2 (two) Members in the House of Representatives. The FCT deserves and is entitled to 3(three) senatorial slots like every other state of the Federation, and much more members of the House of Representatives, taking its population into consideration. While we appreciate the fact that some of these challenges are precipitated by constitutional limitations, we also know that where laws do not represent and reflect the yearnings and aspirations of the people, such laws, including the Constitution, can be amended. While we urge your Excellency sir, to do something with a view to addressing these challenges when you are sworn-in as the President of the Federal Republic of Nigeria, we must however, turn to the sole objective of this letter, as we shall further revisit the said challenges and other issues at the appropriate time.

Your Excellency Sir, the sole objective of this letter, is simply to humbly and respectfully implore you (when you are sworn-in), to comply with the provisions of sections 147 (1), (3), 14(3) and 299 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) which are to the combined effect that, an indigene of the FCT, Abuja, be appointed Minister for a representation of the FCT on the Federal Executive Council.

Your Excellency Sir, section 147(1) of the Constitution provides that there “…shall be such offices of Ministers of the Government of the Federation as may be established by the president.” Subsection (3) of the same section provides that any “…appointment under subsection (2) of this section by the president shall be in conformity with provisions of section 14(3) of this Constitution: Provided that in giving effect to the provisions aforesaid the president shall appoint at least one Minister from each state, who shall be an indigene of such state.” The provision of section 14(3) of the Constitution, is to the effect that the composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity and to also command national loyalty. Your Excellency Sir, the clear, simple, ordinary grammatical interpretation of Section 147(1) and (3) of the Constitution is that the president must, mandatorily, appoint at least one Minister from each State of the Federation, who shall be an indigene of that State.

Your Excellency Sir, it is no more in doubt that the Federal Capital Territory is a state. Section 299 of the Constitution provides that “The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja, as if it were one of the states of the Federation…”. Your Excellency Sir, the Court of Appeal in OKOYODE V. FCDA (2005) 27 WRN 97 page 105, has pronounced on Section 299 of the Constitution and held that 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.” Your Excellency Sir, Section 299 of the Constitution of the Federal Republic of Nigeria 1999, is thus clear and unambiguous (and it is settled) to the effect that the Federal Capital Territory is a State. Your Excellency Sir, it therefore, follows that, FCT as a state, is equally entitled to have at least one of its indigenes nominated and appointed as Minister in your Excellency’s cabinet, when you are by the grace of God, sworn-in as the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.

Your Excellency Sir, the provisions of section 14(3), 147(1) and (3) of the Constitution, are no doubt, 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. The wordings of Section 147(1) and (3) are also crystal clear and simple. They specifically express the need for the reflection of Federal Character in the appointment of Ministers so that each State has at least one Minister who shall be an indigene of the State.

However, and unfortunately, despite the mandatory provisions of the Constitution to the effect that each state of the Federation, including the FCT which is in law, a state, must be represented in Ministerial appointments by the president, no indigene, since May, 1999, has ever been appointed minister to represent the FCT in the Federal Executive Council. In other words, successive governments of the Federation have not and never appointed an indigene of FCT, Abuja as Minister in the Executive Arm of the Government of Nigeria. The indigenes of the FCT have been and feel gravely marginalized and psychologically traumatized through this deliberate denial and deprivation of this constitutional right. We are constrained to wonder whom we have offended and what offence we have committed to warrant this seeming conspiracy among those in the corridors of power to consistently dehumanize, humiliate and rape us of our constitutional entitlements! Hence, the indigenes have, for so many years, been involved in non-violent agitations in respect of this issue and have faithfully stayed the course.

Your Excellency Sir, it is imperative to note that the question of the entitlement of the indigenes of the FCT, Abuja, to a ministerial slot, has been more than settled in the case of PANYA v. PRESIDENT, FRN & ORS (2018) LPELR-44573(CA), where the Court of Appeal, held as follows:

“By the combined effect of the provisions of Sections 199(sic), 147(1) and (3) and 14(3) of the Constitution of Federal Republic of Nigeria, 1999, 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 199(sic) and Section 14(3) of the 1999 Constitution…” Per TINUADE AKOMOLAFE-WILSON, JCA (Pp 30 – 46 Paras A – C)”
(Emphasis Ours)

Your Excellency Sir, the above decision of the Court of Appeal, is not a mere statement of the law on the issue at hand. The Court of Appeal had in that appeal, set aside the order of the Federal High Court striking out the case of the Appellant, Mr. Panya of blessed memory. The Court of Appeal, then entered judgment and granted the reliefs of the Appellant, including an order directing the President and Commander-in-Chief of the Armed Forces of Nigeria to appoint an indigene of the FCT as Minister for a representation of the FCT, Abuja in the Federal Executive Council. Unfortunately, the judgment is yet to be obeyed. The administration of Baba Buhari, is already at its end and we, the indigenes of the FCT, Abuja have decided to look forward to the future.

Your Excellency Sir, from the foregoing, you may agree with us that demanding that an indigene of the FCT be appointed minister to form part of the cabinet, is in order as same is not only a constitutional entitlement but also backed by a subsisting order of Court which is, though, yet to be obeyed, binding on all authorities and persons in Nigeria. Nevertheless, Your Excellency Sir, we will not and we are not demanding. We are simply asking, we are most respectfully pleading, we are humbly and literally begging that when you are, by the grace of God, sworn-in as the President and Commander-in-Chief of the Armed Forces of Nigeria, you should show us the pity and compassion to comply with the said constitutional provisions together with the subsisting order of Court, and appoint an indigene of the FCT as minister to form part of your Cabinet. If you do this for us, Your Excellency would have left an indelible mark on our hearts and would continue to be in your debt. Your Excellency Sir, we believe you are the product of answered prayers as many Nigerians before the general election did not pray for the emergence of any specific presidential candidates; they rather prayed for the emergence of the candidate who is compassionate, who would listen to the cries of the people, and who would lead the country out of the economic doldrums. Now the country is blessed with Your Excellency!

Just as you are the product of answered prayers, Your Excellency Sir, kindly be the answer to the prayers (of so many years) of the indigenes of the FCT, Abuja. Your Excellency Sir, FCT, Abuja, has so many personalities who are enormously qualified to take up any jobs in your Cabinet, ranging from experienced economists, chartered accounts, engineers, seasoned administrators, medical doctors, seasoned lawyers, political scientists etc. Your Excellency Sir, we respectfully urge you to commence your administration with a symbol of hope and new dawn for Nigeria’s progress by wiping the tears of the indigenes of the Federal Capital Territory, Abuja. Your excellency Sir, our request is harmless and it is totally within your powers to grant. Aside the fact that our request does not suffer from any constitutional inhibitions to warrant its refusal, the grant of same would simply cost you nothing, but mean everything to us.

Your Excellency Sir, let it be said someday that President Bola Ahmed Tinubu made the dreams of the indigenes of the Federal Capital Territory, Abuja, came true!

May the Almighty Allah protect you and guide you as you steer the affairs of Nigeria, Amin.

RABIU SAIDU, ESQ., is an indigene of
the Federal Capital Territory, Abuja and
a legal practitioner who can be reached
via saidurabiu@gmail.com