Following the revelation that Hannatu Musawa, the minister of art, Culture and Creative Economy, is a serving corps member, some senior lawyers in the country are divided over whether someone undertaking the one-year mandatory youth service scheme is competent to be a minister in Nigeria.
While human rights lawyer, Mr. Femi Falana SAN condemned Musawa’s appointment stating that a serving youth corps member, is not competent to be a minister in Nigeria, other senior lawyers, Seyi Sowemimo SAN, Dr. Abiodun Layonu SAN and Mr. Norrison Quakers SAN argued that her appointment was in order.
The management of the National Youth Service Corps (NYSC) recently confirmed that Hannatu Musawa, the minister of art, Culture and Creative Economy, is a serving corps member.
This follows a claim by the Human Rights Writers Association of Nigeria (HURIWA), a civil society organisation that Musawa is undertaking the one-year mandatory youth service scheme while she is still a member of President Bola Tinubu’s cabinet.
Speaking on the issue, Femi 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.
He submitted that Section 147(6) of the Constitution states 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.
He 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.
“A person who is disqualified by law to be a law maker is also disqualified to be appointed as a minister. The Constitution appears to have set the same qualifications and disqualifications for the two offices.
“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. Any person who did not participate in the national youth service is not qualified to be a member of the House of Representatives. That was the position of the Supreme Court in the case of MODIBO v. USMAN & Ors (2019) LPELR-59096(SC).
However, a former Secretary of the Body of Senior Advocates of Nigeria, Mr. Seyi Sowemimo, SAN, disagree with Falana stating that being a serving corps member does not disqualify Hannatu Musawa as a minister.
He said “The President has the discretion as to who he wants to appoint to position in national interest. I don’t see why she should be disqualified as a minister.
“Ordinarily, she should be posted to out just as other youth corps members. However, if it turns out that there is a youth corps member that the President believes would best serve the nation on a ministerial capacity, I don’t see why he cannot do that. However, it is an unusual thing, and some justifications have to be given for deviation from the normal routine.
“It appears to me that the President may not be aware of that situation, otherwise she may not have been appointed. On the other hand, it may be that he is aware of it, and it’s a deliberate decision, meaning that there are more compelling reasons why she should serve the nation in that capacity, rather than being posted out in the normal NYSC manner”.
In his view, Dr. Abiodun Layonu SAN stated that since the constitutional requirement for those aspiring to become members of the House of Representatives is school certificate, the requirement for Ministerial Nominees should not be more than school certificate.
House of Representatives candidate does not require university degree. So, if the requirement for being a member of the House of Representatives and governor is school certificate, then one will say that to be a minister, the requirement should not be more than school certificate.
“To be appointed as a minister, the Constitution prescribes the same requirements for somebody contesting for House of Representatives. The constitutional requirement for being able to contest election as House of Representatives candidate does not require university degree. So, if the requirement for being a member of the House of Representatives and governor is school certificate, then one will say that to be a minister, the requirement should not be more than school certificate.
“I am not aware that it is a criminal offence for someone to abandon his youth corps service. It is a political appointment. Some things are not legally offensive, but morally impropriate.
‘’We must look first looked at the legal position, and what is morally required. Speaking as a lawyer, I do not see any reason why a serving youth corps member cannot be appointed as minister. However, looking at it from moral point of view, there is something not quite appropriate.
In his view, Mr. Norrison Quakers SAN said “The president should be commended; her appointment is a youth empowerment initiative. However, when you look at the provisions of Section 147 of the 1999 constitution particularly sub-section 5, it states 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.
“The question is what are the qualifications for election into the House of Representatives. This we find in section 106 of the 1999 constitution. You must be a citizen of Nigeria, you must have attained the age of 25 years, and that you have been educated to up to at least school certificate level, or its equivalent. You must be a member of a political party and you must be so sponsored by that political party.
“What is causing the conflict is as regards her status and a youth corps member that is still serving. I have looked at the law, and I have not seen any constitutional limitation. I have also looked at Section 2 of the NYSC Act, there is no law that says, she must have finished service before she can be appointed as a Minister of the federal republic of Nigeria.
“The mere fact that the minister is serving shows compliance with the provisions of the National Youth Service Corps Act. Having gone through the screening process, and having been appointed, it simply shows that the minister is qualify, and there is no need for the hue and cry on this issue. The minister has not committed any offence; she has not broken any existing law. The President’s appointment of a youth is commendable, and he should be commended for appointing a youth to serve as a minister in his cabinet. Legally speaking the minister has not violated any law.”
President Tinubu had on Monday swore in 45 ministers, including Musawa as members of the federal executive council (FEC).
But in a statement on Wednesday, the Human Rights Writers Association of Nigeria (HURIWA), claimed that the culture minister is a member of NYSC, whose place of primary assignment is a law firm in Abuja. The rights group asked the management of the NYSC to compel Hannatu Musawa to focus on her national youth service or the ministerial appointment.
“HURIWA wondered why the correct status of Musawa wasn’t made known to the members of the public before the senate sensationally failed to screen her as it should,” the statement reads.
“HURIWA wonders about the kind of scrutiny being conducted by the Department of State Services so much so that it wasn’t disclosed that the minister is actually a youth corps member.
The rights group alleged that years back, Musawa abandoned her NYSC in Ebonyi state but later showed interest in completing it.
The organisation added that the minister was mobilised this year and got posted to a law firm in Abuja before President Tinubu picked her as a nominee.
“She was confirmed by the senate without proper screening and sworn in by President Bola Ahmed Tinubu as minister of arts, “HURIWA further alleged.
In September 2020, former President Muhammadu Buhari nominated Musawa as a national commissioner representing the north-west geopolitical zone on the national pension commission board.
But the senate in October of the same year rejected her nomination over a report from the committee on establishment and public service matters that Hannatu Musawa failed to provide her NYSC certificate or exemption letter.
An NYSC certificate or exemption letter is a mandatory requirement for those seeking public offices on the basis of election or appointment.
When the culture minister appeared before the senate during the ministerial screening, the lawmakers did not ask her any questions regarding her NYSC certificate.
