A Federal High Court in Abuja has been asked to declare the office of the Permanent Secretary of the Federal Capital Territory (FCT) illegal.
A legal practitioner, Mr. Chidi Nwankwo, is praying the court to set aside all secretariats, departments and agencies set up for the FCDA outside those set up by the FCT (Establishment of Functionaries and Departments) and Ministry of the FCT (Dissolution) Order No.1 Of 2004.
In the suit number FHC/ABJ/CS/1039/2017, the plaintiff prayed the court to declare that the office of the permanent secretary for the FCDA cannot be created without modifying the FCT (Establishment of Functionaries and Departments) and Ministry of the FCT (Dissolution) Order No. 1 of 2004.
Mr. Nwankwo asked the court to determine five questions in the suit.
In the affidavit in support of the suit, Nwankwo said in 2014, the president of the federal republic of Nigeria by way of subsidiary legislation promulgated the FCT (Establishment of Functionaries and Departments) and Ministry of the FCT (Dissolution) Order No. 1 of 2004.
He argued that, in line with the said Order 1, the administrative and bureaucratic structure established and referred to as ministry of FCT was to remain for the purposes of assisting the FCT minister in winding up and dissolution of the abolished ministry.
He also argued that immediately after the completion of the task of winding up, the permanent secretary was to be transferred to the office of the Head of Service of the Federation.
He said after the dissolution of the FCT ministry, the office of the Chief of Staff was created to replace the office of the permanent Secretary. He further told the court that rather than appointing the Chief of staff, the president appointed Dr. Babatope Ajakaiye as the permanent secretary without amending or abolishing Orde 1.