Wednesday, 2 September 2015

Appointments: What The Federal Character Act Really Says

Editor’s note: For the past few days there has been an imbroglio among Nigerians regarding the recent appointments President Muhamadu Buhari made into his cabinet. This has left many political analysts to wonder whether the president considers the zonal political posts as enshrined in the Federal Character Commission Act. Eustace Dunn, Naij.com’s editor, traces back to when the issue of the said act started and what it actually stipulates.



President Muhammadu Buhari on federal character act

President Muhammadu Buhari



From time immemorial, Nigeria had independent kingdoms prior to independence. It is assumed that everyone knows the amalgamation story which brought everyone into the current federation. Even with the bold step taken by Lord Luggard, many people are still not compatible. Everyone has become so conscious of his or her ethnicity thereby stamping their loyalty for their various regions rather than for the nation.


This ethnic consciousness came about when militias sprang up into sectional violent militant groups. But a more refined set of people climaxed to the formation of the likes of Ohaneze Ndigbo, Afenifere, Arewa Consultative Forum and a host of others not formally known. They actually emerged to more or less fiercely fight for the share of the popular national cake.


For years, there had been the agitation for fair share of political positions that is why the Federal Character Commission (FCC) Act was promulgated in 1995 and later fused into the 1999 Constitution of the Federal Republic of Nigeria (CFRN).


The Act and the constitution 


In the guiding principles and formula for the distribution of all cadres of posts across the country, the Act stipulates in its Part 1 that (1)Each state of the federation and the Federal Capital Territory shall be equitably represented in all national institutions and in public enterprises and organisations. (2) The best and the most competent persons shall be recruited from each state of the federation to fill positions reserved for the indigenes of the FCT.”


The Act was introduced to promote national unity, foster national loyalty instead of regional interests and eventually give every Nigerian a sense of belonging no matter anyone’s religion, language or ethnic group.


So far, the president has made over twenty-nine appointments with about more from the North. In tandem with the provisions of section 14 subsection 3 and 4 in the Constitution of the Federal Republic of Nigeria (CFRN 1999) as amended, the composition of the government of the federation has at this very moment negated this provision to recognize the diversity of Nigerians within its area of authority. Therefore, it is worth reminding that these provisions are meant to enforce and implement the principles of fairness and equity in the share of federal positions.


Nevertheless, Femi Adesina, special adviser to the president on media and publicity assured that in no time, the federal positions will be balanced. It may be so especially because there are hundreds of appointments left. Yet questions are raised asking why there is the preference for the Northerners in key positions.


The presidential privilege and the competence factor


Another point of contention is that if the appointments favour resumé and competence, does it then mean that there are no competent persons from other geopolitical zones being allegedly marginalised?


In all fairness to President Buhari, section 171(1) gives him the prerogative to appoint anyone he so pleases with subsection 5 stressing the FCC Act. The definition of competence now becomes discretionary as the Act is not provided in the constitution as mandatory but a guide to shares of positions.


However, there are also the positions that it cannot be sustained nor justified in the light of the federal character act that there are no competent people from other areas of the country. There is also the belief that in the definition of “most competent” as suggested in the Act above, the president is being arbitrarily vindictive to especially the Easterners.


From the look of things, the appointments made so far reveal to Nigerians that these are the president’s personal staff and can only work with those who share the dreams of raising the country. This may be one of the reasons why he sees them as competent. It is right to say that it is wrong to preempt.


Suggestions for President Buhari


In a time of universal deceit, telling the truth is always a revolutionary act. In a political clime, many do not tell the truth to the generality of the people. So when the presidency comes up to say that it will surely consider the other zones in subsequent appointments and an opposition comes to say that the presidency is proliferating in vendetta, who is then telling the truth? The vituperation of any sitting government is what the presidency should endure because this is what happens in every democratic dispensation.


Thus, in the spirit of resuscitating the zeroed goodwill, the president ought to know that Nigeria is a pluralized society and that this inclination to lopsidedness has made many to break loose and pelting him and his party’s leadership with unacceptable statements. Actions ought to be targeted at demonstrating for togetherness. No doubt, the constitution grants him the full right to appoint anyone he feels as competent enough, but in the spirit of equity, justice and fairness, the president should not forget that this is now democracy. In a democratic state, everything and everyone is always considered. Nigerians believe that when there is no honesty in a government, there’s always travesty.


With about 80% of the president’s appointments from same geopolitical zone, the notion now is that he is pursuing Northern agenda. It is a great concern that a larger population is worried about the approaches to appointments so far.


Suggestions to Nigerians


Yet, it does not necessarily mean that when brothers are appointed that only then will there be development of a region. What a government really owes its people is not appointments of relations or kinsmen but good government. This is what some Nigerians have come to understand and resolve to say that they do not really care about who is appointed for whatever position.


The natural question is, should people be appointed simply because there should be a sense of belonging even when there may be nothing to show in the end?


On this note, it is then important to allow the president conclude his appointments before making any valid condemnation.



The views expressed in this article are author’s own and do not necessarily represent the editorial policy of Naij.com.


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