Minister Musawa has contravened NYSC Act, liable, say senior lawyers
By Olubiyi Peter
Senior lawyers are unanimous in their views that one of the prerequisites for appointments into public office is the National Youth Corps discharge certificate or certificate of exemption.
They are also in agreement that the act of Minister of Arts, Culture and Creative
Economy , Hannatu Musa Musawa who is alleged to be currently undergoing her
one year compulsory National Youth Service amount to contradicting the provisions of NYSC Act.
A Senior Advocate of Nigeria, R.O. Atabo said it is illegal to serve as a minister and
at the same time be undergoing the one year compulsory National Youth Service,
because NYSC certificate is a pre requisite for appointment into public office.
He said however that it is important to establish the age of the minister as it’s likely that she is above 30 years , therefore exempted from one year compulsory service.
Another prominent Senior Advocate of Nigeria who did not want his name mentioned simply said persons 30 years and above are excluded from National
Youth Corp Service and are issued with exemption certificate by the National Youth Service Corps.
The NYSC Act has made provisions for offenders who refused to make himself /
herself available for the compulsory one-year service, he said, adding that such persons are liable on conviction to a fine or imprisonment for a term of two years or to both such fine and imprisonment.
But an Abuja based lawyer, Hameed Jimoh offered a dissenting view; he said it is the prerogative of the President to appoint any person as a minister whom he feels have the capacity to serve.
He also said that ministerial post is a political appointment not career public servant where NYSC certificate is made compulsory.
He argued that the Constitution of the Federal Republic of Nigeria 1999 (as amended) under which the appointments was made did not state that a political appointee must have served one year compulsory National Service.
Jimoh said that assuming, with conceding that it is compulsory for political appointees to have served the one year compulsory service, the appointing authority the Presidency cannot be blamed for the omission in respect of Hannatu Musa Musawa’s case but the Senate whose responsibility it was to thoroughly screen the nominees.
