• About
  • Advertise
  • Contact
Thursday, August 21, 2025
  • Login
Vital News
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security
No Result
View All Result
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security
No Result
View All Result
Vital News
No Result
View All Result
Home National Opinion

YOUTH CORPS MEMBERS ARE NOT COMPETENT TO BE MINISTERS IN NIGERIA by Femi Falana, SAN

Vital News by Vital News
August 26, 2023
in Opinion
0
YOUTH CORPS MEMBERS ARE NOT COMPETENT TO BE MINISTERS IN NIGERIA by Femi Falana, SAN
Share on FacebookShare on Twitter

 

 

YOUTH CORPS MEMBERS ARE NOT COMPETENT TO BE MINISTERS IN NIGERIA

By

Femi Falana , SAN

RelatedStories

EXPLAINER : Understanding Taiwan Question And One-China Principle/Policy By Lawal Sale

The President Landed At Gateway Airport, And Floodgates Of Goodwill Were Opened By Kayode Akinmade

At Whose Instance Are You Here On Earth? by Taiye Olaniyi

YOUR RELIGION AND MINE by Taiye Olaniyi

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 lawmaker is also disqualified to be appointed as a minister. The Constitution appears to have set the same qualifications and disqualifications for the two offices. Specifically, 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.

In the case of MODIBO v. USMAN & Ors (2019)LPELR-59096(SC) where the appellant contested and won election into the House of Representatives while he was undergoing the national youth service. The Federal High Court ruled that a youth corps member was not qualified to contest election in Nigeria. The Court of Appeal set aside the judgment on the ground that a youth corps member is not constitutionally disqualified from contesting election. But the Supreme Court held that the Court of Appeal erred in law and proceeded to affirm the decision of the trial court. In the leading judgment of the Supreme Court in Modibbo v Usman, Eko JSC stated inter alia:

“It appears that the lower court had suggested quite obliquely that the appellant, an undoubted NYSC member and indeed any NYSC member, could combine the full time activities as a member of the House of Representatives. That to me appears absurd. The lower court failed to be guided by the overall public policy in the National Youth Service Act.

Neither the lower court nor the appellant satisfactorily addressed the point raised by the trial court and the 1st Respondent/cross appellant that public policy “under National Youth Service Corps (NYSC scheme and the Bye-Law (Revised) 2011 made pursuant to the NYSC Act forbids a corps member from going into politics” or holding a partisan political appointment.”

In his contribution to the leading judgment, Okoro JSC had this to say;

“Also, it is not in dispute that the appellant was still a serving corps member at the time he contested and “won” the primary election. This was a clear violation of section2(1)and(3)of the National Youth Service Corps Act and section 4(9) of the National Youth Service Corps Bye-Laws (Revised 2011). The court below was wrong to suggest that the appellant could combine the fulltime activities as a member of the House of Representatives with his primary assignment as a Corps member. By virtue of section 2 of the NYSC Act, a person called upon to serve in the service Corps is under an obligation to serve for a continuous period of one year from the date specified in the call-up letter. Section 4(9) of the NYSC Bye Laws (Revised 2011) provides as follows:

‘Every member shall “Not take part in partisan politics. Any member who takes part in partisan politics is liable to extension of service for a period not less than three (3) months without pay.’

By section 13(i)(3) and (5) of the NYSC Act, it is an offence F not to make oneself available for the service for a continuous period of one year as prescribed in section 2 of the Act. The section also prescribes punishment for an employer which aids or abets a Corps member to contravene the provisions of the Act.

It is instructive to note that the National Youth Service Corps Decree has been validated by section 315 (5) of the 1999 Constitution. The appellant could therefore not be eligible to contest the said primary election while still undergoing the compulsory one year service period. The law will not allow the appellant in this appeal to benefit from his wrongful act. See Solanke v Abed (1962) 1 SCNLR 37.”

Having been proved to have contravened some provisions of the National Youth Service Act and Bye-Laws, Augie JSC said:

“With a prison sentece hanging over his head, if he refuses to make himself available for his NYSC, the appellant cannot be a member of the House of Representative and Youth Corper at the same time.”

In justifying the annulment of the election of the Appellant, Abba-Aji JSC asserverated thus:

“It is without dispute that the appellant has been a beneficiary of the Federal Government NYSC Allowance or salary as at the time he contested. Partisan political involvement and participation even – to the level of occupying a political seat is forbidden and prohibited by the law because every political position is a position of utmost trust and confidence and the sole business and allegiance of a politician is to the people who voted him into power and whom he represents and that does not admit of jack of all trades but master of none.

The politician is expected to concentrate fully in his political activities and functions and in this case, a very crucial function of law making. It is in this contemplation that many other services to the Federal Government do not admit or allow participation into politics or other engagements during the pendency of that service. To be a Corps member and a law maker at the same time can not be allowed. Thus, the Constitution came to give a guideline as follows in section 66 (1)(f) of the Constitution of the Federal Republic of Nigeria 1999 (as amended):

‘No person shall be qualified for election to the Senate or the House of Representatives if … he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn, or retired from such employment thirty days before the date of election.’

It is the unchallenged and undisputed fact that the appellant’s political position or office was the House of Representatives for Yola South/Yola North/Girei Federal Constituency of Adamawa State. This office was contested by him when he was in active NYSC service and has not passed out or resigned or withdrawn from it. Being paid by the public fund, he therefore qualified to be a public office holder if he discharges any duty in the discharge of which the public are interested, more clearly if he is paid out of a fund provided by the public.”

It is crystal clear from the authoritative pronouncements of the Supreme Court in the case of Modibbo v Usman (supra) that a youth corps member is not competent to contest any election in Nigeria. In the same vein, a person who has not completed the compulsory one year youth service is not competent to be appointed a Minister in Nigeria since the Constitution has prescribed the same qualifications and disqualifications for election into the House of Representatives and appointment into the post of a Minister.

(vitalnewsngr.com)

Tags: FalanaMinisterNyscserve
Previous Post

Our Ambassador Not Expelled From Niger Republic -FG

Next Post

NDLEA Arrests South African With Methamphetamine Consignment At Abuja Airport

Vital News

Vital News

RelatedStories

EXPLAINER : Understanding Taiwan Question And One-China Principle/Policy By Lawal Sale
Opinion

EXPLAINER : Understanding Taiwan Question And One-China Principle/Policy By Lawal Sale

August 5, 2025
Eid -el-Adha : Governor Abiodun Congratulates Muslims,Charges Them On Selflessness, Compassion
Aviation

The President Landed At Gateway Airport, And Floodgates Of Goodwill Were Opened By Kayode Akinmade

July 23, 2025
At Whose Instance Are You Here On Earth? by Taiye Olaniyi
Opinion

At Whose Instance Are You Here On Earth? by Taiye Olaniyi

July 21, 2025
YOUR RELIGION AND MINE by Taiye Olaniyi
Opinion

YOUR RELIGION AND MINE by Taiye Olaniyi

July 7, 2025
A PLEA FOR CONFLICT RESOLUTION AS A PANACEA FOR NATIONAL INTEGRATION – Taiye Olaniyi
Opinion

A PLEA FOR CONFLICT RESOLUTION AS A PANACEA FOR NATIONAL INTEGRATION – Taiye Olaniyi

June 29, 2025
Next Post
NDLEA Arrests South African With Methamphetamine Consignment At Abuja Airport

NDLEA Arrests South African With Methamphetamine Consignment At Abuja Airport

Revitalizing Roads : A Pledge and Progress For Yewa North’s Connectivity by Tayo Mabeweje

Abiodun Urges STEM Teachers To Embrace New Methodology

Ogun JAAC Disburses N5.233bln To 20 LGAs In August

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Follow Us

Recommended

Shekarau defects from APC to NNPP

3 years ago

500,000 Nigerian Refugees Awaiting Repatriation From 3 Countries – FG

3 years ago
KACCIMA Plans To Name Centre After Aliko Dangote

KACCIMA Plans To Name Centre After Aliko Dangote

2 years ago
7 Israeli Soldiers Killed In Gaza, Military Says

7 Israeli Soldiers Killed In Gaza, Military Says

2 months ago

Instagram

    Please install/update and activate JNews Instagram plugin.

Categories

  • Agriculture/ Water/ Mineral
  • Aviation
  • Business
  • Crime
  • Culture
  • Economy
  • Education
  • Entertainment
  • Environment
  • Football
  • Foreign
  • Gender
  • Health
  • Judiciary
  • Labour
  • National
  • News
  • Oil & Gas
  • Opinion
  • Opinion
  • Politics
  • Power
  • Religion
  • Security
  • Sports
  • Transport
  • Uncategorized

Topics

Abiodun Abuja APC arrest Atiku Bandits Bello Benue Buhari CBN cement Court Dangote death dies drugs Economy EFCC Election elections FG gunmen Hajj INEC Kano kidnap Kill Kogi Kwara Lagos NDLEA Niger Nigeria Ododo Ogun Oyo PDP Police Power refinery rescue road Security students Tinubu
No Result
View All Result

Highlights

Nigeria’s Consul General In Cameroun, Taofiq Coker Is Dead

Explainer : How INEC Declares LP Candidate Serving Jail Term Winner Of Enugu Assembly Rerun Election

Ladoja To Be Install 44th Olubadan Sept. 26

PBAT Door-to-Door Movement Extends Condolences To APC National Chairman Over Mother’s Death

Ogun APC Suspends Senator Gbenga Daniel, Kunle Folarin Indefinitely For Anti-party

Lagos Loses Another Female Councillor, Zainab Shotayo, Second In One Week

Trending

FG Empowers Colleges Of Education To Offer NCE, Degree Programmes Without University Affiliation
Education

FG Empowers Colleges Of Education To Offer NCE, Degree Programmes Without University Affiliation

by Vital News
August 20, 2025
0

The Federal Government has given Colleges of Education nationwide the go ahead to start offering both National...

Court Berates EFFC Over Disregard For Rule Of Law, Orders Immediate Release Of Aisha Achimugu

EFCC Arrests Deputy Vice Chancellor, Bank MD, Two Catholic Sisters Over N1.2bln Loan Fraud

August 20, 2025
Tinubu Appoints Rotimi Pedro, Founder Of OSMI As New DG Of NTA

Presidency Confirms Appointment Of Rotimi Pedro As New DG Of NTA, Three Executive Directors

August 20, 2025
Nigeria’s Consul General In Cameroun, Taofiq Coker Is Dead

Nigeria’s Consul General In Cameroun, Taofiq Coker Is Dead

August 20, 2025
Explainer : How INEC Declares LP Candidate Serving Jail Term Winner Of Enugu Assembly Rerun Election

Explainer : How INEC Declares LP Candidate Serving Jail Term Winner Of Enugu Assembly Rerun Election

August 20, 2025
ADVERTISEMENT
Vital News

Vital News is an online newspaper with a mission to uphold professional journalism by reporting and publishing only facts and figures-based news reports across Nigeria and beyond.

Recent News

  • FG Empowers Colleges Of Education To Offer NCE, Degree Programmes Without University Affiliation August 20, 2025
  • EFCC Arrests Deputy Vice Chancellor, Bank MD, Two Catholic Sisters Over N1.2bln Loan Fraud August 20, 2025
  • Presidency Confirms Appointment Of Rotimi Pedro As New DG Of NTA, Three Executive Directors August 20, 2025

Categories

  • Agriculture/ Water/ Mineral
  • Aviation
  • Business
  • Crime
  • Culture
  • Economy
  • Education
  • Entertainment
  • Environment
  • Football
  • Foreign
  • Gender
  • Health
  • Judiciary
  • Labour
  • National
  • News
  • Oil & Gas
  • Opinion
  • Opinion
  • Politics
  • Power
  • Religion
  • Security
  • Sports
  • Transport
  • Uncategorized

© 2022 Vital News - . All Rights Reserved.

No Result
View All Result
  • Frontpage
  • Business
  • Economy
  • Politics
  • National
  • Opinion
  • Sports
  • More
    • Crime
    • Judiciary
    • Security

© 2022 Vital News - Vital News by Vital News.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In