Natives of Federal Capital Territory (FCT) Abuja, have dragged the federal government and the National Assembly to court seeking the establishment of the Federal Capital Territory (FCT) Abuja functionaries and political structure to enable the indigenes of the nation’s capital participate in the House of Assembly and governorship elections.
The state Assembly and governorship elections are scheduled for March 11, 2023. They said the existence of the political structure will end the discrimination against them.
The natives in the case filed by the Registered Trustees of Abuja Original Inhabitants Youth Empowerment Organisation against the President of Nigeria, with suit No: FCT/HC/CV/85/2023, through their lawyer, James Egah Nadeye on February 6, 2023, in the FCT High Court of Justice, seek that Section 299 of the 1999 Constitution of the Federal Republic of Nigeria equates FCT, Abuja with a State in status.
The natives are also seeking a declaration that the failure of the federal government to provide administrative units and political structure for the FCT, Abuja comprising a legislature and governor amounts to constitutional breach and a flagrant violation of fundamental rights of the natives and the entire indigenes of FCT.
They want the court to order the federal government to give effect to sections 299, 301, and 302 of the 1999 Constitution of the Federal Republic of Nigeria and section 18(b) of the FCT Act Cap. F6, Laws of the Federation of Nigeria, 2004 to propose an executive bill or exercise his executive powers to establish for the FCT an elective functionary executive body to the governor of a state, for them to participate in elections to vote and stand to be voted into, like people in other states on March 11, 2023, or any later date before the new democratic order on May 29, 2023.
The natives also want the court to order the President and National Assembly to give effect to sections 4(2) Sub-section (4) (b); Section 303 of the 1999 Constitution to embark on “accelerated passage of the bill” to create administrative units and political structure for FCT, to enable the indigenes of Abuja to participate in elections related to states House of Assembly and Governorship elections scheduled for March 11, 2023, or on any later date before the inauguration of a new democratic order on May 29, 2023.
They also prayed the court to alternatively order the President and NASS to as a matter of urgency and exigency apply the “doctrine of necessity” and pass a resolution allowing elections to be conducted into designated executive and legislative bodies in whatever manner for the FCT, whereby the indigenes of Abuja could participate to vote and be voted for in the elections relating to the House of Assembly of a state and governor of a state scheduled for March 11, 2023, or any later date before the inauguration of a new democratic order on May 29, 2023, and thereby end the discrimination against the natives and the indigenes of FCT, Abuja.
The natives further prayed for an order directing the president to give effect to the provisions of Section 147(3) 302 of the 1999 Constitution and immediately appoint a minister for the FCT, from among them.
According to the natives, the court should also order the president to pay them the sum of N15 billion as damages for the infringement of their fundamental rights of freedom from discrimination and dignity of person for the past epochs of democratic dispensation in Nigeria from 1979 to date they have suffered, the deprivations and non-participation in elections into legislative and executive bodies akin to a State House of Assembly and Governorship of a State and all benefits, privileges, and rights inherent thereto.
Also, that the president should pay them the sum of N1 billion as damages for the infringement of their fundamental rights of freedom from discrimination against the appointment of a minister of the Federal Republic of Nigeria for the past epochs of democratic dispensation.
“The natives’ case is in 1979, 1983, 1991, 1999, 2003, 2007, 2011, 2015, and 2019 governorship and House of Assembly elections were conducted nationwide in the states of the federation except for the FCT. On March 11, 2023, governorship and House of Assembly elections were conducted nationwide in the 36 states of the federation except for Abuja.
“The Nigerian citizens who are indigenes of the FCT are the only people who do not enjoy representation in the state government with a Legislative body related to the state House of Assembly and an executive body akin to that of a state Governor. The citizens of Nigeria who are indigenes of FCT-Abuja are the only people in Nigeria not accorded the privilege and right to participate in elections to vote and to stand for elections into legislative and executive bodies related to state House of Assembly and Governor of a state like their counterparts in the 36 states.
“The citizens of Nigeria who are indigenes of Abuja are the only people in Nigeria that are subjected to the practical application of Federal Laws, Federal Executive and Legislative bodies and administrative or executive actions of the Federal Government under section 299(a)(b), 301, 302 of the 1999 constitution and the Electoral Act (as amended) as such a flagrant violation of their fundamental rights to the dignity of a person, freedom from discrimination,” the natives stated.
Also, in their demands, the natives stated that the indigenes of the FCT are the only people who are governed by a minister as governor acting for the President of the Federal Republic of Nigeria. “No minister has ever been appointed by the President from among the indigenes of the FCT, particularly the Minister of the FCT who have been non-indigenes since its creation in 1976. The indigenes of Abuja are the only people who have been deprived of a 2nd tier system of government in a country that is practicing federalism.
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