Minister of Communications Adebayo Shittu has sued the All Progressives Congress(APC) for disqualifying him as a governorship aspirant in Oyo country attributable to no longer presenting the countrywide teenager's Service Corps (NYSC) scheme discharge certificates.
He claimed it become incorrect for APC to disqualify him from the governorship number one election for no longer providing the certificates.
He asked the court to declare that the submission/presentation of NYSC Discharge certificate to APC isn't always part of the necessities for him to participate inside the primary election for Nomination of Governorship candidate of the party in Oyo kingdom for the 2019 well known Election.
He insisted that he went via the screening and security exams and became licensed suit and certified to be appointed as a minister.
He said participation in NYSC Scheme isn't a condition precedent to be happy before he becomes appointed a minister.
He faulted the NYSC for now not mobilizing him for the scheme.
In the writ through his recommend, Mr. A.U. Mustapha( SAN), the embattled minister requested the court docket to decide five issues. They may be:
”whether through the provision of phase 2(1) of the national adolescents service Corps Decree No. 24 of 1973 and/or every other provision of the Decree being the regulation in force as at 1978 whilst the Plaintiff graduated on the University of Ile-Ife (now Obafemi Awolowo college, Ile-Ife)
he became under any criminal duty to have warranted the plaintiff’s participation inside the countrywide teens service Corps within the absence of a call-up instrument duly served on the Plaintiff by the countrywide children service Corps.
*”whether, through the mixed reading of Sections 176-183 of the charter of the Federal Republic of Nigeria [as Amended] and Article 20(iii) & (iv) of the constitution of the All innovative
Congress; it is a condition that the gubernatorial aspirant of the 1st Defendant (APC) and/or any political birthday
celebration for that count number in Nigeria need to present the countrywide youngsters provider Corps Discharge/Exemption certificate;
*”whether it's miles ultra vires the powers of the 1st defendant to have disqualified the plaintiff from taking part in its number one election for nomination of the governorship
candidate of the 1st defendant in Oyo state for the 2019 General Election at the floor that the plaintiff does now not possess country wide youngsters carrier Corps Discharge/Exemption certificate;
*”whether or not it does not amount to a denial of truthful hearing as enshrined in segment 36(1) of the 1999 constitution of as amended for the first defendant to have purportedly disqualified the Plaintiff from contesting for
governorship election in Oyo country beneath the platform of the first defendant without availing the Plaintiff an opportunity to be heard at the allegations that the plaintiff avoided the countrywide teens carrier Scheme; and
*”whether or not by the combined analyzing of the provisions of Sections 147(five), sixty five(1)(b) & (2), sixty six (1) of the 1999 charter (as amended) and segment 12 of the countrywide youngsters provider Corps Act, Cap N84 legal guidelines of the Federation of Nigeria 2004,
the plaintiff became qualified to were appointed as a Minister able to retaining the workplace, and/or some other governmental workplace at any degree however the reality that he did now not participate within the national adolescents service Corps Scheme.”
In a sworn statement which he personally swore to, the 65-12 months old minister said:
“I was accountable however no longer obligated to have participated within the national youngsters provider Corps Scheme each on the time I graduated from the said college and as at the time I used to be known as to the Nigerian Bar.
“ I recognize as a truth that no “call-up tool” turned into served on me as at 1978 after I graduated from the said college by the national children provider Corps to have warranted my participation within the scheme.
“I understand as a fact that I was also no longer served any be aware or notified in any manner to continue to take part inside the countrywide youth carrier Corps Scheme.
“I understand as a reality that participation inside the countrywide children provider Corps programme is not one of the requirements to be glad beneath the 1st Defendant’s
constitution to allow me to participate inside the number one election for Nominating the celebration flag bearer for the workplace of Governor of Oyo kingdom in the 2019 General Election.
A replica of the charter of the first Defendant is hereby attached and marked as “show off SHITTU 8”.
“I additionally recognise as a truth that below the charter of the Federal Republic of Nigeria, 1999 (As Amended) it isn't always a requirement for me to have participated in
countrywide children carrier Corps Scheme to be eligible for participation in the 1st Defendant’s number one election for Nomination of its flag bearer in Oyo country for the 2019 popular election.
“ I recognize also as a reality that the Electoral Act 2010 [as Amended] did no longer make participation inside the countrywide young people provider Corps Scheme a situation precedent for contesting any elective office by any means.
“I recognize also that participation in NYSC Scheme isn't one of the requirements to allow me to participate in the primary election for Nomination of the 1st Defendant’s flag bearer for the workplace of Governor of Oyo country within the 2019 general election.”
-Culled from The Nation.
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