The Federal High Court sitting in Abuja has held that former Minister of Finance, Kemi Adeosun, did not need a National Youth Service Corps (NYSC) discharge or exemption certificate to serve in that capacity.
Justice Taiwo Taiwo gave the verdict on Wednesday in the case between her and the Attorney-General of the Federation.
Recall that Adeosun was appointed into the Federal Executive Council by President Muhammadu Buhari in 2015.
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In September 2018 however, she resigned after an online newspaper reported that she allegedly forged an NYSC exemption certificate to secure the position.
But Adeosun’s lawyer, Chief Wole Olanipekun,SAN had in a suit dated March 9, 2021, urged the court to determine whether any Nigerian citizen can be disqualified from holding offices of a member of the House of Assembly; a Commissioner in the State Executive Council; Governor of a State; member of the National Assembly; Minister in the Federal Executive Council and the President of the Federal Republic of Nigeria for not participating in the NYSC scheme established by the National Youth Service Corps Act, CAP N84, LFN 2004.
Olanipekun also argued that his client is a citizen of the United Kingdom and had graduated from the University of East London in 1989 (22 years ).
He added that by the time she came into the country, she had crossed 30 years of age.
On his part, the AGF’s counsel, Tijani Gazali SAN argued that the federal government took no step to remove her despite the associated media uproar regarding her NYSC certificate, but that she resigned voluntarily.
The AGF also noted that based on the NYSC Act, any employment in Nigeria required provision of the discharged or exemption NYSC certificate.
In his judgement, Taiwo held that irrespective of the NYSC Act, the Nigerian Constitution was supreme.
He also said that the constitution did not capture serving in the scheme or obtaining an NYSC certificate as one of the grounds for appointment as a Minister in Nigeria.
He observed that the plaintiff was not eligible to participate in the NYSC in the first place by virtue of age.
“It is not in dispute that the federal government did not ask the plaintiff to resign…she resigned voluntarily.
“There is nowhere, where the plaintiff is disqualified from holding the said offices by reason of not participating in the NYSC Act.
“The constitution of Nigeria is supreme…
“She no doubts wants to set the record straight for now and in the future.
“The point must be made clear that the plaintiff has the right to approach the court.
“Participation in NYSC is not a yardstick for being elected in as a Federal Minster.
“I have resolved the issue in favor of the plaintiff,” he said.
The following declaration was approved by the court:
“A DECLARATION that the plaintiff is under no constitutional disability, disadvantage, prohibition, inhibition or disqualification to hold any of the following offices established by the Constitution, to wit: offices of member of the House of Assembly of a State, a Commissioner in the State Executive Council; Governor of a State; member of the National Assembly; Minister in the Federal Executive Council or the President of the Federal Republic of Nigeria, on the ground that she did not participate in the National Youth Service Corps (NYSC) scheme, established by the National Youth Service Corps Act, CAP N84, LFN 2004.
“A DECLARATION that the plaintiff is not under any constitutional disability, disadvantage, prohibition, inhibition or disqualification to hold any office as member or Chairman of any of the State Executive or Federal Executive bodies established by the Constitution or otherwise, on the ground that she did not participate in the National Youth Service Corps scheme, established by the National Youth Service Corps Act, CAP N84, LFN 2004.
“A DECLARATION that the plaintiff cannot be subjected to any penalty, forfeiture or put under any encumbrance in relation to her occupation or assumption of any of the following public offices, created by the Constitution, to wit: membership of the House of Assembly of a State, a Commissioner in the State Executive Council; Governor of a State, member of the National Assembly; Minister in the Federal Executive Council, President of the Federal Republic of Nigeria, membership of any of the States or Federal Executive bodies, established by the Constitution or otherwise, on the ground that she did not participate in the National Youth Service Corps scheme, established by the National Youth Service Corps Act, CAP N84, LFN 2004.
“A DECLARATION that the plaintiff, being a United Kingdom Citizen as at 1989 when she graduated from the University of East London, London, United Kingdom, at the age of 22 years, was ineligible to participate in the National Youth Service Corps Scheme, established by the National Youth Service Corps Act, CAP N84, LFN 2004.”