The Federal Character Commission (FCC) has instituted criminal proceedings against the Nigeria Customs Service (NCS) and its Comptroller-General, Bashir Adewale Adeniyi, over alleged violations of the Federal Character Commission (Establishment, etc.) Act in connection with the Service’s 2025/2026 recruitment exercise.

The case, filed before the Federal High Court, Abuja Judicial Division, is contained in Charge No. FHC/ABJ/CR/772/2026 dated November 12, 2026.

According to the FCC, the proceedings followed months of efforts to obtain recruitment records from the Customs Service, monitor the recruitment process and ensure compliance with the Federal Character principle.

The Commission alleges that the NCS failed to provide requested recruitment records, including nominal rolls, despite a formal request dated March 25, 2026.

It also alleges that the Service failed to submit relevant stages of the recruitment exercise to the Commission for monitoring.

The FCC further alleges that the Customs Service did not comply with its October 23, 2026 directive to suspend specified recruitment and training activities pending a review of the exercise.

Another allegation centres on the failure of the Service to provide clear recruitment criteria and comprehensive eligibility guidelines which, according to the Commission, prevented it from determining the state and geopolitical distribution of available vacancies.

The latest legal action escalates a dispute that has been building for weeks between the two federal institutions.

In October, the FCC had demanded the suspension of the Customs recruitment training over allegations that hundreds of candidates who appeared on the published final recruitment list were subsequently excluded from training. The Commission also demanded access to examination results, screening records, final selection lists and training invitations. 

The FCC has maintained that its intervention is not aimed at compelling the employment of unqualified candidates.

Rather, it says its constitutional and statutory responsibility is to ensure that qualified Nigerians from across the federation receive equitable opportunities through transparent and verifiable recruitment procedures.

‘Our Mandate Is Not Negotiable’

Reacting to the filing, the Commission stressed that it is not a recruitment agency and does not select candidates for employment into government institutions.

Its responsibility, it said, is to monitor, assess and enforce compliance with the Federal Character principle in public appointments and recruitment.

“The Commission cannot effectively discharge this responsibility without access to relevant recruitment records, clearly defined eligibility criteria and the opportunity to monitor recruitment processes,” the FCC said.

It described such requirements as statutory obligations rather than discretionary requests that federal institutions can accept or reject.

The Commission further declared that no ministry, department or agency is above the law or exempt from its legally established oversight responsibilities.

‘Equity Must Be Demonstrated’

The FCC said the decision to commence legal proceedings reflects the Commission’s determination, under the leadership of its Executive Chairman, Hon. Hulayat Motunrayo Omidiran, to move beyond declarations of commitment to Federal Character and demand demonstrable compliance.

It said equitable representation must be reflected in recruitment records, transparent procedures, verifiable criteria and fair distribution of employment opportunities.

“The Commission will not abdicate its statutory responsibilities because of institutional pressure, administrative inconvenience or the status of any public office holder,” it stated.

The FCC, however, said it would respect due process, the independence of the judiciary and the constitutional rights of all parties now that the matter is before the Federal High Court.

The Commission said it would allow the judicial process to take its course while maintaining that public institutions must remain accountable and recruitment processes transparent.

The latest development comes against the backdrop of the wider controversy surrounding the Customs recruitment exercise.

The NCS had previously acknowledged complaints from applicants who were screened out and prevented from proceeding to training despite appearing on the published shortlist, while maintaining that shortlisted candidates still had to satisfy prescribed verification and screening requirements. 

The FCC’s latest action will now place the disputed recruitment process before the Federal High Court for judicial consideration.