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Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court - Politics - Nairaland

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Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by aminulive: 4:41pm On Jul 07, 2021
A Federal High Court, Abuja, on Wednesday, said that the former Finance Minister, Mrs Kemi Adeosun, did not need the National Youth Service Scheme (NYSC) exemption certificate to take up a ministerial appointment or vie for an elective office in the country.

POLITICS NIGERIA gathered that Justice Taiwo Taiwo, in a judgment, held that Adeosun was not qualified to have participated in the scheme when she graduated at 22 years because she was then a British citizen.

Justice Taiwo further held that as at when she formally returned to Nigeria and became a Nigerian citizen at over 30 years, she was not eligible to present herself for the NYSC service.

The judge said Adeosun or anyone did not require a discharge certificate of NYSC to qualify to contest election to the House of Representatives or be appointed a minister in Nigeria.The former finance minister, who was enmeshed in allegation of NYSC certificate forgery, resigned her appointment in 2018.

Adeosun, in an originating summon with suit number: FHC/ABJ/CS/303/2021 filed on March 11 by her lawyer, Wole Olanipekun, SAN, listed the Attorney General of the Federation (AGF) as the sole defendant.

Justice Taiwo, while delivering the judgment, stressed that the NYSC certificate, based on the Constitution of the Federal Republic of Nigeria, is not a mandatory requirement for holding a political office in the country. He held that Adeosun, from available facts, was a United Kingdom (UK) citizen having been born in the UK in 1967 and remained there till 2003 when she came back to Nigeria.

He said that Adeosun became a Nigerian citizen by virtue of the 1999 Constitution which came into force on May 29 of the year, therefore, the NYSC Act would have no effect on her.


Taiwo held that the former minister would have committed a grave crime against Nigeria if she had participated in the NYSC, having attained the exemption age of 36 years. The judge also noted that the AGF, in his counter affidavit, did not challenge the avirement of the plaintiff. He further noted that the defendant, in one of the paragraphs of the application, stated that the Federal Government neither withdrew the ministerial appointment of the plaintiff nor asked her to resign, but that Adeosun resigned on her on accord.

“I am of the view that denying the plaintiff of the relieves sought is not going to be doing justice to the matter,” the judge held.

The judge, therefore, granted all the four relieves sought for determination by the former minister.

In the application, she sought a declaration that she 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, on grounds that she did not participate in the NYSC scheme, established by the National Youth Service Corps Act, CAP N84, LFN 2004, among others.

https://politicsnigeria.com/why-kemi-adeosun-was-cleared-of-nysc-certificate-saga/

22 Likes 3 Shares

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by tuiloz: 5:08pm On Jul 07, 2021
Ok
Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by integrity16(m): 5:08pm On Jul 07, 2021
I guess she wants to return to the national cake table in 2023, this judgement would surely remove any NYSC obstacle to that ambition in the future.

36 Likes 2 Shares

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by EyezofGod120: 5:08pm On Jul 07, 2021
grin na una sabi,make una leave her alone in peace,after all she no dey this zoo again
Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by lekanolaolu: 5:08pm On Jul 07, 2021
So NYSC discharge certificate wasn't needed after all.

23 Likes 1 Share

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by DoggoneDogg: 5:08pm On Jul 07, 2021
She needs NEPA bill just like her boss

31 Likes

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by tarral: 5:09pm On Jul 07, 2021
Ok
Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by WoundedLamb: 5:09pm On Jul 07, 2021
Really? I can see why political positions are exempted, but are ministerial appointments in Nigeria considered political? If not, why the exemption? I mean, it's a bit bizarre that people are required to have the certificate to work in Nigeria while an office as important as that of the minister of finance can be occupied without it. This is probably one of those loopholes that indicate the need to review the constitution. The exemption must have been implied by the absence of a more explicit entry. That would explain why it took years for the court to say what should have been obvious. Whichever way, it's good learning this bit.

That said, did she forge one as alleged?

*Edit*
Forging one might be morally wrong, but it would be hard to prosecute her for that when there was no requirement in the first place.

39 Likes 2 Shares

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by Narldon: 5:09pm On Jul 07, 2021


Noted.

But did she forge NYSC certificate or not?

62 Likes 4 Shares

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by iwaeda: 5:09pm On Jul 07, 2021
Landmark Judgement, so I do not need NYSC to apply for Government Job, this government is destroying every legacy destroyable. Continue.

19 Likes 1 Share

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by okomile(f): 5:09pm On Jul 07, 2021
We don keep quiet
2023 loading.......

Zoogeria
Animal kingdom.....

3 Likes

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by onadana: 5:10pm On Jul 07, 2021
The Law is clear.Prove it beyond reasonable doubt.You win it.
Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by BruncleZuma: 5:10pm On Jul 07, 2021
So why did she need to forge one...which the last time I checked is an capital offence and tantamount to Obtaining by Tricks (OBT)

Section 465 of the Criminal Code Act, forgery is defined thus:

“A person who makes a false document or writing knowing it to be false, and with intent that it may in any way be used or acted upon as genuine, whether in the State or elsewhere, to the prejudice of any person, or with intent that any person may, in the belief that it is genuine, be induced to do or refrain from doing any act, whether in the State or elsewhere, is said to forge the document or writing”.

Section 467 of the Criminal Code Act states the penalty for forgery in Nigeria thus:

Any person who forges any document, writing, or seal, is guilty of an offense which, unless otherwise stated, is a felony, and he is liable, if no other punishment is provided, to imprisonment for three years.

Thus, if you are tried and convicted of forgery, you are to serve a jail term of 3 years IF there is no other sentencing. What this means is that depending on what the accused forged, he or she can be tried and sentenced according to other laws binding the other area of trespass.

Note however, that the same section states that if the forged item is a public seal, the suspect can face conviction of life imprisonment.

An offender is liable to fourteen years imprisonment if the forged item is a register, security, title, anything related to revenue or an act of the state.

A forgery of court records, evidences, seals, process, exhibits, etc. fetches the convicted forger a seven year jail term.


Section 468 of the Criminal Code Act states that:

“Any person, who knowingly and fraudulently utters a false document or writing, or a counterfeit seal, is guilty of an offense of the same kind and is liable to the same punishment as if he had forged the thing in question”.

15 Likes

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by Nobody: 5:10pm On Jul 07, 2021
Okay
Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by SmartPolician: 5:10pm On Jul 07, 2021
We saw this earlier today. The judge is ruling on a different thing entirely. She was asked to step aside for forging NYSC certificate. The issue had nothing to do with her being qualified to hold a public office or not.

If a Buhari who has a questionable O'level certificate could hold the office of the president, why can't Kemi who was obviously trained in the United Kingdom?

It was even when the issue of Buhari's certificate came up that WAEC presented him a customized O'level certificate in full media glare. Was that how we got our WAEC certificates? The institutions are so weak that anyone can easily manipulate them.

Nigeria no fit beta...I swear it

25 Likes 1 Share

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by Nobody: 5:11pm On Jul 07, 2021
PDP
How market

1 Like

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by CountVersailles(f): 5:11pm On Jul 07, 2021
They saw an opportunity and shook the woman out. And not one of them was a saint. Dogs really eat dogs in Nigerian politics.

7 Likes 2 Shares

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by Masturbator2020: 5:11pm On Jul 07, 2021
She forged her NYSE certificate that's the crime.

9 Likes

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by iwaeda: 5:11pm On Jul 07, 2021
aminulive:


https://politicsnigeria.com/why-kemi-adeosun-was-cleared-of-nysc-certificate-saga/

Landmark Judgement, so I do not need NYSC to apply for Government Job, this government is destroying every legacy destroyable. Continue.
She must return back as Minister of Finance.

Why did she have to forged the exemption certificate, if it is not applicable to her?

1 Like

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by urchcoded(m): 5:11pm On Jul 07, 2021
No wahala
Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by annisy(f): 5:11pm On Jul 07, 2021
Our judiciary is part of our problem in this country with this judgment the court has Further reduced the bar!!!! Some day another buhari might appoint someone who has not seen the four wells of a class room to head CBN

2 Likes

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by sucess001(m): 5:11pm On Jul 07, 2021
Is that the point? Or that she presented a forged nysc cert?

Shameful decision

6 Likes

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by Untainted007: 5:11pm On Jul 07, 2021
Thanks for informing us that even with Nepa bill someone can become a President of a zoo.
Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by naijapips02: 5:12pm On Jul 07, 2021
Her case was about forgery.

4 Likes

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by BarrElChapo(m): 5:12pm On Jul 07, 2021
Lolz why should we be surprised
Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by Coldie(m): 5:12pm On Jul 07, 2021
"Justice Taiwo, while delivering the judgment, stressed that the NYSC certificate, based on the Constitution of the Federal Republic of Nigeria, is not a mandatory requirement for holding a political office in the country. He held that Adeosun, from available facts, was a United Kingdom (UK) citizen having been born in the UK in 1967 and remained there till 2003 when she came back to Nigeria.

He said that Adeosun became a Nigerian citizen by virtue of the 1999 Constitution which came into force on May 29 of the year, therefore, the NYSC Act would have no effect on her."

So according yo Nigerian law nysc certificate is not mandatory to hold public office. Lets save this judgement for future reference

8 Likes

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by Skullano(m): 5:12pm On Jul 07, 2021
Nooo she doesn't need NYSC certificate.

Nah bitter leaf she for present to handle such position.

Ndi ala ndi ala.

1 Like

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by TOPCRUISE(m): 5:13pm On Jul 07, 2021
They intimidated her to resign so that a Fulani will occupy the position. Pantami that did and said terrible things about terrorism ought to be removed if Nigeria is a country where sanity prevails.

3 Likes 1 Share

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by GlorifiedTunde(m): 5:13pm On Jul 07, 2021
After sending better brains away, what do we have as finance minister now?

The current minister has nothing upstairs other than sharing money to people in the north in the name of poverty alleviation and school feeding!

2 Likes 1 Share

Re: Kemi Adeosun Didn't Need NYSC Exemption Certificate - High Court by zeusdgrt(m): 5:13pm On Jul 07, 2021
Really?

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