xr:d:DAEuk1yrPx4:5684,j:192608659,t:22120913
The National Industrial Court (NIC) has dismissed a suit filed against the Federal Character Commission (FCC), which sought to compel the recruitment of at least one percent of Federal Capital Territory (FCT) indigenes into Ministries, Departments, and Agencies (MDAs) across the country.
In a statement issued on Monday, the NIC said the case was dismissed by the President of the Court, Justice Benedict Kanyip, on the grounds of insufficient evidence.
The suit, instituted by Honourable Obika, alleged that the FCC had failed in its statutory duty to ensure federal establishments adhered to the legal requirement of reserving one percent of appointments for FCT indigenes. Obika contended that many MDAs consistently breached this provision, despite the FCC’s constitutional mandate to enforce its enabling Act.
He argued that the Commission had a “bounden responsibility” not only to implement the one percent quota but also to prosecute heads of MDAs who failed to comply.
In its defence, the FCC challenged the competence of the suit, arguing that the NIC’s jurisdiction is primarily limited to resolving labour disputes between employers and employees. It asserted that the court cannot compel institutions to employ individuals who are not already in their service.
The Commission further disputed the classification of an “indigene of the FCT,” claiming that the Constitution does not expressly recognise such status. It described the suit as “memorable for its polemic rather than its substance” and requested a cost award of ₦100 million.
While Justice Kanyip upheld the NIC’s jurisdiction to hear the matter, he ultimately ruled in favour of the FCC. He held that Obika failed to provide “live examples of victims” who had been directly affected by the alleged non-compliance.
The judge noted that the reliefs sought would be difficult for the court to monitor and enforce. He stressed that the FCC Act does not assign liability to the Commission for infractions committed by other MDAs.
For the applicant to succeed, Kanyip ruled, specific individuals who had applied, were qualified, and were denied jobs due to non-implementation of the quota would need to be identified. Instead, the evidence presented pertained to individuals already in employment, not those allegedly denied opportunities.
Consequently, the court dismissed the suit.
