Nigerian Lawyer, and Media personality, Douglas Ogbankwa has said there is no part of the Nigerian constitution this states that those appointed as Ministers must have participated in the one year National Youth Service Corps NYSC programme.
Rather,”it stipulates 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.”which implies that for one to be eligible for election into the House of Representatives, the law prescibes attainment of age 25 and at least a certificate at the Secondary school level.
Below is Ogbankwa’s exposition on NYSC/ Minister Musawa Imbroglio
Participation in the National Youth Service Not Compulsory for Nigerian Ministers (Nominees).
By:Douglas Ogbankwa Esq.@douglasogbankwa@gmail.com
“The Inconvenient truth is that participating in the National Youth Servicr Programme is not a sine qua non to be appoined as a Minister of the Federal Republic of Nigeria. A cursory appraisal of the provisions of Section 147 of the 1999 Constitution particularly sub-section 5, ,would indicate that it stipulates 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.
“A community reading of the constitution with section 106 of the 1999 constitution, which state the qualification to be elected as a Member of the House of representatives depicts that participation in the National Youth Service is not a condition to be elected and by extension to be appointed as a Minister of the Federal Republic of Nigeria.
“For the avoidance of doubt , Section 106 of Constitution states that for you to elected into the House of Representatives :
“You must be a citizen of Nigeria, you must have attained the age of 25 years, and you have been educated up to at least a school certificate level, or its equivalent. You must be a member of a political party and you must be sponsored by that political party.
” I have also looked at Section 2 of the NYSC Act, there is no law that says,a Minister or Minister Designate must have finished service before he or she can be appointed as a Minister of the Federal Republic of Nigeria.
“This position has been re-enforced by a Federal High Court in Abuja ,presided over by Justice Taiwo Taiwo (As he then was ), which has declared in the Kemi Adeosun’s case , that participation in the National Youth Service Programme is not a condition precedent for appointment as a Minister of the Federal Republic of Nigeria. That Judgment has not been appealed against, so it remains the Law in force in Nigeria.
“There is a difference between morality and Law .Many Nigerians mistake Morality for Law .The Law on this matter as espoused above is clear and unambiguous.Nigerians should learn to do research on issues , before making sweeping statements.The Law is clear as crystal on this matter.” He said
