Amidst the controversy surrounding the appointment of Hannatu Musawa as Minister of Art, Culture and Creative Economy, Femi Falana, a senior advocate as argued that a serving youth corps member is not competent to be a minister in Nigeria.
Musawa’s controversy reached a new height in the past few days following the confirmation by the management of the NYSC that Ms Musawa, who was inaugurated last Monday as a minister by President Bola Tinubu, was still undergoing her national youth service.
Falana argued that any person who did not participate in the national youth service is not qualified to be a member of the House of Representatives, adding that the Constitution appears to have set the same standard for those to be appointed as ministers.
Specifically, he said that Section 147; 6 of the Constitution provides that no person shall be appointed as a Minister of the Government of the Federation unless he is qualified for election as a member of the House of Representatives, adding that any person who did not participate in the national youth service is not qualified to be a member of the House of Representatives.
The Human Right lawyer said: “By virtue of section 2 of the National Youth Service Act, every citizen who has graduated at any tertiary institution in and outside Nigeria and is not 30 years old shall be mobilised for the one-year compulsory national youth service. Any person above 30 is not eligible to participate in the national youth service.
“Section 13 of the Act provides that any person who fails to report for service in the service corps in the manner directed by the Directorate or who refuses to make himself available for service in the service corps is guilty of an offence and liable on conviction to a fine of N2, OOO or to imprisonment for a term of 12 months or to both such fine and imprisonment”.
Falana cited an example of the case of Abdulrauf Abdulkadir Modibbo v. Mustapha Usman & ORS; 2019 where the appellant contested and won election into the House of Representatives while he was undergoing the national youth service, adding the Federal High Court ruled that a youth corps member was not qualified to contest election in Nigeria. The Court of Appeal set aside the judgment on the ground that a youth corps member is not constitutionally disqualified from contesting election. But the Supreme Court held that the Court of Appeal erred in law and proceeded to affirm the decision of the trial court.
“It appears that the lower court had suggested quite obliquely that the appellant, an undoubted NYSC member and indeed any NYSC member, could combine the full time activities as a member of the House of Representatives. That to me appears absurd. The lower court failed to be guided by the overall public policy in the National Youth Service Act.
“Neither the lower court nor the appellant satisfactorily addressed the point raised by the trial court and the 1st Respondent/cross appellant that public policy “under NYSC scheme and the Bye-Law; Revised 2011 made pursuant to the NYSC Act forbids a corps member from going into politics” or holding a partisan political appointment”, he said.
However, the Human rights lawyer said that in justifying the annulment of the election of the Appellant, a Justice of the Supreme Court of Nigeria, Abba-Aji asserted that: The appellant is expected to concentrate fully in his political activities and functions and in this case, a very crucial function of law making.
“It is in this contemplation that many other services to the Federal Government do not admit or allow participation into politics or other engagements during the pendency of that service. To be a Corps member and a law maker at the same time cannot be allowed”.
Falana disclosed that it is crystal clear from the authoritative pronouncements of the Supreme Court in the case of Modibbo v Usman that a youth corps member is not competent to contest any election in Nigeria.
Adding that, in the same vein, a person who has not completed the compulsory one year youth service is not competent to be appointed a Minister in Nigeria since the Constitution has prescribed the same qualifications and disqualifications for election into the House of Representatives and appointment into the post of a Minister.