Hannatu Musawa: Can ministers be appointed without undergoing NYSC?
Controversy has trailed the appointment of Hannatu Musawa as the Minister of Art, Culture, and Creative Economy by President Bola Tinubu.
Musawa, 49, was among the 45 ministers inaugurated on August 21, 2023, at the Presidential Villa in Abuja. However, her assumption of office as a minister has sparked debates about whether she’s qualified for the position while still undergoing the one-year National Youth Service Corps (NYSC).
Established on May 22, 1973, to aid reconciliation after the Nigerian civil war that claimed an estimated two million lives, the NYSC scheme mandates Nigerians who graduated within Nigeria or abroad before turning 30 to complete its compulsory one-year program.
Exemptions, according to Section 2 of the NYSC Act, are granted to individuals who:
1) Are over the age of thirty.
2) Have served in the armed forces of the Federation or the Nigeria Police Force for over nine months.
3) Are members of staff of the following:
a) The Nigerian Security Organisation
b) The State Security Service
c) The National Intelligence Agency
d) The Defence Intelligence Service
4) Or have received a National Honour.
How the controversy started:
According to Premium Times, Hannatu Musawa was called up to serve in September 2002 and was posted to the Ministry of Justice in Abakaliki, Ebonyi State. The Buckingham University-trained lawyer, 28 at that time was not only within the age limit upon completing her first degree, but also did not fulfill the other requirements for exemption from the scheme.
Amidst issues surrounding her eligibility to hold public office while serving as a corps member, Musawa, while admitting to having abandoned the service midway, seemed uncertain not only about the state she was posted to but also the year.
“It is true I am currently serving in the NYSC program, which I began 8 months ago as a matter of duty and devotion to my country. I was unable to complete the scheme since I was first mobilized in 2001. I commenced the mandatory national service as a Corp member deployed to Akwa Ibom State (please confirm state) in 2001 after finishing my university education,” a statement purportedly released by Hannatu Musawa on Sunday, August 27, 2023.
While legal practitioners seem divided on whether Musawa’s appointment violates constitutional provisions, this is not the first time Musawa has faced scrutiny due to her NYSC certificate.
In 2020, when former President Muhammadu Buhari nominated Musawa for a position as the national commissioner representing Nigeria’s northwest geopolitical zone on the board of the National Pension Commission (PENCOM), her inability to provide an NYSC certificate led to her disqualification.
In the past, ministers have also faced scrutiny for not completing their NYSC program.
In 2018, Adebayo Shittu, who served as Buhari’s Minister of Communication between 2015 and 2019, was exposed for failing to complete the compulsory NYSC. Despite the allegations, he remained a minister until 2019 but was denied the opportunity by his party, the All Progressives Congress (APC), when he sought to become the party’s gubernatorial candidate in Oyo State.
Also, on September 14, 2018, Kemi Adeosun was compelled to resign as the Minister of Finance due to NYSC certificate forgery. The former chairman of the Board of African Export–Import Bank (AfreximBank) did not complete the NYSC scheme despite graduating before the age of 30.
Despite that some appointed public officials have faced NYSC-related issues in the past, legal practitioners remain divided on whether completing the scheme is mandatory for the appointment of ministers.
“I have examined the law, and I haven’t found any constitutional limitations. I’ve also reviewed Section 2 of the NYSC Act, and there is no law stating that she must have completed service before being appointed as a Minister of the Federal Republic of Nigeria,” Daily Trust quoted Norrison Quakers (SAN) as saying.
However, human rights activist Femi Falana SAN disagrees.
“According to Section 2 of the National Youth Service Act, every citizen who has graduated from any tertiary institution, in Nigeria or abroad, and is not yet 30 years old, must participate in the one-year compulsory national youth service.”
Citing the case of ruling Falana continues
“In the case of MODIBO v. USMAN & Ors (2019) 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,” he said.
Also, the provision of the NYSC bye laws which states that “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,” appears to criminalise Musawa accepting the appointment if holding a ministerial position could be considered as partisan.
