FCC Sues Nigeria Customs: Recruitment Violations Alleged in 4-Count Charge

• The Federal Character Commission has filed a four-count criminal charge against the Nigeria Customs Service and its Comptroller-General, Bashir Adeniyi.
• The charges allege violations of federal character requirements in the 2025/2026 recruitment exercise.
• Specific allegations include failure to provide recruitment records, obstructing monitoring, and disregarding a directive to suspend recruitment and training activities.
• The lawsuit was filed at the Federal High Court, Abuja, under Sections 14(3) and 15 of the Federal Character Commission Act.
• This action highlights increased enforcement against non-compliance with federal character principles in public sector recruitment across Nigeria.

This legal action by the FCC signals a heightened commitment to enforcing adherence to federal character principles in public sector recruitment compliance Nigeria.

The Federal Character Commission (FCC) has formally initiated a four-count criminal charge against the Nigeria Customs Service (NCS) and its Comptroller-General, Bashir Adeniyi. This significant legal development, filed at the Federal High Court in Abuja, centers on alleged violations of federal character requirements concerning the NCS's 2025/2026 recruitment exercise. The charge sheet, which was filed on Thursday and subsequently reviewed by PUNCH Online on Friday, outlines several instances of non-compliance by the Customs Service and its leadership.

The core of the allegations suggests that the NCS and Adeniyi actively obstructed the FCC's oversight duties. Specifically, the charges accuse the defendants of failing to provide essential recruitment records, thereby impeding the commission's ability to monitor the process effectively. Furthermore, the FCC contends that its directive to suspend recruitment and training activities was disregarded, leading to the continuation of the exercise despite clear instructions for a review.

The criminal charges detail four distinct counts of non-compliance. The first count alleges that the Nigeria Customs Service failed to submit the nominal rolls for its 2025 recruitment exercise, despite a formal request for these records dated March 25, 2026. This count also implicates Comptroller-General Bashir Adeniyi, asserting that he recklessly, negligently, or willfully allowed the Service to disregard the FCC's directive. Such actions are deemed contrary to Section 14(3)(b) of the Federal Character Commission (Establishment, etc.) Act, Cap. F7, LFN 2004, and are punishable under Section 15 of the same Act.

The second count further accuses the NCS and its Comptroller-General of failing to engage with the FCC for monitoring purposes, specifically regarding relevant stages of the 2025/2026 recruitment exercise between September 14 and October 7, 2026. The third count highlights the defendants' alleged continuation of recruitment and training activities even after receiving a letter dated October 23, 2026, which explicitly directed the suspension of the exercise pending a review. This count also includes the failure to preserve relevant records and permit FCC monitoring. Finally, the fourth count states that the defendants did not provide clear eligibility criteria and comprehensive recruitment guidelines despite repeated requests from January 30 to October 20, 2026, thereby preventing the FCC from assessing the state and zonal distribution of vacancies. These Federal Character Commission Act violations underscore the gravity of the federal character recruitment lawsuit.

This legal action by the FCC signals a heightened commitment to enforcing adherence to federal character principles in public sector recruitment compliance Nigeria. The charges, brought under Section 14(3) and punishable under Section 15 of the Federal Character Commission (Establishment, etc.) Act, Cap. F7, Laws of the Federation of Nigeria 2004, carry significant weight, potentially leading to criminal liability for government agencies and their leadership. The lawsuit against the Nigeria Customs Service and Bashir Adeniyi serves as a stark reminder that non-compliance with these statutory requirements will be met with robust legal challenges.

The background to these charges reveals a prior dispute between the FCC and the Customs Service concerning the 2024/2025 recruitment exercise. This earlier contention involved complaints from applicants who were reportedly shortlisted but subsequently excluded from the training program. The PUNCH had previously reported on October 23 that the commission had already requested the Customs Service to suspend its ongoing recruitment training, indicating a pattern of alleged disregard for FCC directives. The FCC has listed three witnesses and 14 documents, including official correspondence and records of a press conference, to support its case, with the possibility of additional witnesses being called during the trial.

This development signals increased enforcement by the Federal Character Commission, highlighting the criminal liability risks for government agencies and their leadership for non-compliance with federal character principles in recruitment. Lawyers advising public sector entities or individuals involved in hiring must ensure strict adherence to the FCC Act to avoid similar charges and potential prosecution.

Source: Original reporting via PUNCH Online