*The Constitution, the NYSC Act, and the Supreme Court overrules her
The embattled Minister of Art, Culture & Creative Economy, Hannatu Musawa, who is currently on her one-year National Youth Service Corps (NYSC) scheme, has declared that neither her nor President Bola Tinubu had breached any section of the Constitution or any other law in her appointment as Minister, vowing not to resign her appointment as demanded by some Nigerians.
In a statement she signed and released on Sunday, the Minister, who was sworn into office by Tinubu a week ago, said the barrage of media attacks and misinformation about her since her appointment on account of her NYSC status, is unwarranted.
She admitted starting her NYSC since 2001, but aborted it due to “family obligations”, only to resume same eight months ago, due to her desire to serve the country.
Noting that an NYSC service or certificate is not a requirement for appointment as Minister of the Federal Republic of Nigeria, Hannatu, who was previously denied a federal appointment on account of same issue during the administration of Muhammadu Buhari, stressed that she had no intention to quit her current portfolio.
According to her, “I will continue to serve my country using every opportunity and platform. My current NYSC status which will end in another four months will not in anyway impede the discharge of my duties as Minister of Art, Culture and Creative Economy, which, on its own, is a higher call to national service”.
Her full statement reads: “The last couple of days have witnessed following my appointment and swearing-in as the Minister of Art, Culture and Creative Economy by President Bola Ahmed Tinubu.
“I want to, again, thank President Tinubu for finding me worthy and for giving me the opportunity to serve the country I love as one of his Ministers.
“It is true I am currently on the NYSC national service which I began eight months ago as a matter of duty and devotion to my country, having been unable to complete the scheme since I was first mobilised in 2001.
“I started the mandatory national service as a Corp member deployed to Akwa-Ibom State (pls confirm state) in 2001 upon the completion of my university education.
“I could not complete the service same year after my redeployment to Kaduna State due to family obligations.
“Despite this, it has been my personal resolve and commitment that I will always fulfill this national duty whenever I am opportuned to do so.
“I applied to NYSC to be mobilised again for national service last year. NYSC graciously mobilised and deployed me to serve in Abuja where I have been serving in the last eight months before my current appointment as a Minister of the Federal Republic of Nigeria.
“I will like to state clearly that contrary to wrong insinuations and false assumptions in a section of the mainstream media and social media where false accusations have been made, there is no breach of any law or constitution of the Federal Republic of Nigeria as amended regarding my current position as a Minister and status as serving Corp member.
“It must be said that there is no law of Nigeria or any part of the our constitution and NYSC Act that states that a serving Corp member can not be appointed by the President of Nigeria or any other appointing authority into political positions.
“Equally, no part of our existing laws and NYSC Act says that a corp member must finish service before he/she can be appointed into political office.
“There is no legal and constitutional limitations whatsoever. I have not broken any law of Nigeria.
“In fact, in a decided case before a Federal High Court Abuja in 2021, Justice Taiwo Taiwo ruled that the Constitution of Nigeria, which is the grundnorm, does not require anyone to even present a first-degree certificate or any other certificate, including the NYSC certificate to be appointed a Minister in Nigeria.
“I decided to participate in the current NYSC programme in fulfillment of my own personal commitment and out of sense of duty which I am proud of.
“I will continue to serve my country using every opportunity and platform.
“My current NYSC status which will end in another four months will not in anyway impede the discharge of my duties as Minister of Art, Culture and Creative Economy, which, on its own, is a higher call to national service.
“I use this medium to publicly restate my loyalty and rededicate myself to the service of Nigeria.
“I will continue to serve faithfully and with all my energy to deliver on the Renewed Hope Agenda of President Tinubu for a better, greater and more prosperous Nigeria.”
*The Constitution, NYSC Act and Supreme Court on the matter
However, the NYSC Act, the Constitution and the Supreme Court states differently.
For instance, when once someone claims that he or she holds an HND or above (a graduate), such a person has automatically been brought under the purview of the NYSC and so is duty barred to be scrutinised by the NYSC which is under obligation to report such issues to the President on the status of such a person.
But if someone holds only a Secondary School Certificate, such a person is not brought under such a purview.
The case of Abdulkadir Modibbo’s election (APC) in Adamawa which was nullified by the Supreme Court was because he won election as a serving Youth Corps member.
The Apex court deciding on the matter and awarding victory to Jafar Suleiman of the PDP who came second in the election was declared winner.
A five-member panel of the Court led by Justice Ejembi Eko directed INEC to issue certificate of return to the declared winner.
At the high court, it was argued and contested that Mr. Modibbo did not qualify to be nominated as a candidate for the APC because he was yet to complete his National Youth Service Corp and was still a serving NYSC Member.
Section 315 (5) (a) of the CT which states that nothing in the constitution shall invalidate the NYSC Decree 1973, etc, except through the provisions of section 8 and 9 of the Constitution, just like the Land Use Act.
Sections 1, 2, and 3 of the NYSC never stated how somebody can be a graduate, even though section 16 gave the NYSC Directorate to make bylaws but not to the extent of overriding the NYSC Act.
