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Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. (183 Views)

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Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. by Racoon(m): 12:18pm On Aug 30, 2023

https://www.youtube.com/watch?v=u6YPT-3hSFY?si=ywEPB8mmYTBFnT5X
Hannatu Musawa, Minister of Art, Culture & Creative Economy, has broken her silence on the controversy of retaining office while serving as a member of the NYSC.

“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 corps 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.”
https://twitter.com/Imranmuhdz/status/1695863573702967338?t=qz8HHrXy2OgkuhZhkMbn3g&s=08

"No Law Bars Me From Being Minister While Serving As Corps Member..." - Hannatu
https://www.channelstv.com/2023/08/27/no-law-bars-me-from-being-minister-while-doing-nysc-says-hannatu/

@ReneRodrig1142 Opinion On Twitter;

So I did my research about this and here is what I find out. The (NYSC) Act and its subsequent amendments include provisions that address the employment and appointment of corps members within the government. The NYSC Act recognizes that corps members who have successfully completed their service year may be offered employment opportunities within the government, subject to certain conditions.

One of the provisions related to this is contained in the NYSC Act, Decree No. 51 of 1993 (now an Act of the National Assembly), specifically in Section 2, Subsection 1(b). This provision states that one of the objectives of the NYSC scheme is to "raise the moral tone of the community in which the corps members are posted." This objective can include encouraging the engagement of corps members in community development and government-related activities, including public service roles.

Additionally, the NYSC Act provides provisions that allow government institutions to request for the services of corps members for various public service roles. These roles can range from teaching positions in schools to administrative roles in govt agencies and ministries. The details of such appointments and engagements are often subject to guidelines and arrangements made by relevant government bodies.

So can the President appoint a serving corp member?

No, the President of Nigeria cannot appoint a serving National Youth Service Corps member as a Minister. According to the NYSC Act and its regulations, serving corps members are required to complete their mandatory one-year service before seeking or accepting full-time employment or political appointments.


The NYSC Act is designed to ensure that corps members fulfill their service obligation to the nation before pursuing other career opportunities. This provision is aimed at maintaining the integrity of the NYSC program and promoting the principle of national service.

Therefore, while a serving corps member may be engaged in community development and public service roles during their service year, they are not eligible for full-time employment, political appointments, or ministerial positions until they have completed their NYSC service and obtained their discharge certificate.


So after I engaged with @madiba_ledum and @EverROUN I got better understanding about this and I am satisfied with their explanation. So here is my conclusion below

Section 147(5) of the Constitution of Nigeria (1999) establishes a qualification requirement for individuals to be appointed as ministers in the government of the federation. It says "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."

In practical terms, this means that in order to be appointed as a minister, an individual must meet the qualifications outlined in Section 65 of the Constitution, which pertain to eligibility for election as a member of the House of Representatives.

Section 65 says
1. A person shall be qualified for election as a member of the House of Representatives if

(a) he is a citizen of Nigeria by birth;

(b) he has attained the age of thirty years;

(c) he is a member of a political party and is sponsored by that party; and

(d) he has been educated up to at least the School Certificate level or its equivalent.


Now if we check if this will affect a serving NYSC member being appointed as a Minister, it would depend on whether the serving NYSC member meets the qualifications outlined in Section 65. If the serving NYSC member meets the age, citizenship, educational, and political party membership requirements stipulated in Section 65, they could potentially be considered for a ministerial appointment, as long as they are sponsored by a political party.

Ministerial appointments are typically considered full-time positions, and serving NYSC members are usually engaged in their service year on a full-time basis. Therefore, there could be practical considerations regarding the timing and compatibility of a serving NYSC member taking on a ministerial role while also fulfilling their NYSC obligations. According to this she can serve as a minister without breaking any law. @woye1 @kc_journalist
https://twitter.com/ReneRodrig1142/status/1695889700761059611?t=nHB2SipM6my7iuFe4syVyw&s=08 Mynd44 nlfpmod

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Re: Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. by Racoon(m): 12:19pm On Aug 30, 2023
"Sometimes, people dont want to hear the truth because they dont want their illusions destroyed." -Friedrich Nietzsche.
You appoint people into government because of party affiliation or political compensations? You can't legalise illegality with legality. Anarchy, lawlessness and unconstitutionality reign supremely where there is no rule of law. Continue
Re: Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. by Racoon(m): 12:20pm On Aug 30, 2023
IGNORANCE - When you do not know

STUPIDITY: - When you know and doubt still

FOOLISHNESS: - When you refuse to know but still doubt and show that you know.

MADNESS: - When you know, or refuse to know but don't care in the face of obvious facts.

WISDOM: - When you know or don't know but are ready to play safe for self and others.
Re: Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. by Aonkuuse(m): 12:21pm On Aug 30, 2023
Wahala
Re: Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. by Nobody: 12:22pm On Aug 30, 2023
Alright...
Re: Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. by helinues: 12:25pm On Aug 30, 2023
Is she not serving her father's land for being appointed as a minister? Abi what's the purpose of serving as NYSC?
Re: Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. by Racoon(m): 12:30pm On Aug 30, 2023
helinues:
Is she not serving her father's land for being appointed as a minister? Abi what's the purpose of serving as NYSC?
"No, the President of Nigeria cannot appoint a serving National Youth Service Corps member as a Minister. According to the NYSC Act and its regulations, serving corps members are required to complete their mandatory one-year service before seeking or accepting full-time employment or political appointments.

You can serve your country but there are rules and regulations. This is the illegality that Buhari condone with the Adebayo Shittu( former communication minister). President spurning the same constitution they swore to uphold and protect. Too bad! So sad!
Re: Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. by EmeeNaka: 12:31pm On Aug 30, 2023
She didn't break any provision of the constitution.
She instead broke the provision of NYSC act, therefore she should be Expelled From NYSC or suspended from NYSC. But her job as a minister is not in breach of the constitution.
Re: Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. by Zxcvbnmghtr: 12:32pm On Aug 30, 2023
Ob!dients and trivialities. undecided May God protect us from wicked people who are always looking for ways to pour sand in our Agbado.
Re: Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. by helinues: 12:34pm On Aug 30, 2023
Racoon:
"No, the President of Nigeria cannot appoint a serving National Youth Service Corps member as a Minister. According to the NYSC Act and its regulations, serving corps members are required to complete their mandatory one-year service before seeking or accepting full-time employment or political appointments.

You can serve your country but there are rules and regulations.

Ok go to court then
Re: Hannatu Musawa NYSC Debacle: Balancing The Nigerian And NYSC Constitution. by Zxcvbnmghtr: 12:36pm On Aug 30, 2023
So much noise about how it was illegal and unconstitutional when Emefiele was booted out. But all nah noise.

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