Shittu sues APC over NYSC certificate

Minister of Communications Adebayo Shittu has sued the All
Progressives Congress(APC) for disqualifying him as a governorship
aspirant in Oyo state on account of not presenting the National
Youth Service Corps (NYSC) scheme discharge certificate.

He claimed it was wrong for APC to disqualify him from the
governorship primary election for not presenting the
certificate.

He asked the court to declare that the submission/presentation
of NYSC Discharge Certificate to APC is not part of the
requirements for him to participate in the primary election for
Nomination of Governorship candidate of the party in Oyo State for
the 2019 General Election.

He insisted that he went through the screening and security
checks and was certified fit and qualified to be appointed as a
minister.

He said participation in NYSC Scheme is not a condition
precedent to be satisfied before he was appointed a minister.

He faulted the NYSC for not mobilising him for the scheme.

In the writ by his counsel, Mr. A.U. Mustapha( SAN), the
embattled minister asked the court to determine five issues. They
are:

*”whether by the provision of Section 2(1) of the National Youth
Service Corps Decree No. 24 of 1973 and/or any other provision of
the Decree being the law in force as at 1978 when the Plaintiff
graduated at the University of Ile-Ife (now Obafemi Awolowo
University, Ile-Ife) he was under any legal obligation to have
warranted the plaintiff’s participation in the National Youth
Service Corps in the absence of a call-up instrument duly served on
the Plaintiff by the National Youth Service Corps.

*”whether, by the combined reading of Sections 176-183 of the
Constitution of the Federal Republic of Nigeria [as Amended] and
Article 20(iii) & (iv) of the Constitution of the All Progressive
Congress; it is a condition that the gubernatorial aspirant of the
1st Defendant (APC) and/or any political party for that matter in
Nigeria must present the National Youth Service Corps
Discharge/Exemption Certificate;

*”Whether it is ultra vires the powers of the 1st defendant to
have disqualified the plaintiff from participating in its primary
election for nomination of the governorship candidate of the 1st
defendant in Oyo State for the 2019 General Election on the ground
that the plaintiff does not possess National Youth Service Corps
Discharge/Exemption Certificate;

*”Whether it does not amount to denial of fair hearing as
enshrined in Section 36(1) of the 1999 Constitution of as amended
for the 1st defendant to have purportedly disqualified the
Plaintiff from contesting for governorship election in Oyo State
under the platform of the 1st defendant without availing the
Plaintiff an opportunity to be heard on the allegations that the
plaintiff avoided the National Youth Service Scheme; and

*”whether by the combined reading of the provisions of Sections
147(5), 65(1)(b) & (2), 66 (1) of the 1999 Constitution (as
amended) and Section 12 of the National Youth Service Corps Act,
Cap N84 Laws of the Federation of Nigeria 2004, the plaintiff was
qualified to have been appointed as a Minister capable of holding
the office, and/or any other governmental office at any level
notwithstanding the fact that he did not participate in the
National Youth Service Corps Scheme.”

In an affidavit which he personally swore to, the 65-year old
minister said: “I was liable but not obligated to have participated
in the National Youth Service Corps Scheme both at the time I
graduated from the said University and as at the time I was called
to the Nigerian Bar.

“ I know as a fact that no “call-up instrument” was served on me
as at 1978 when I graduated from the said University by the
National Youth Service Corps to have warranted my participation in
the scheme.

“I know as a fact that I was also not served any Notice or
notified in any manner to proceed to participate in the National
Youth Service Corps Scheme.

“I know as a fact that participation in the National Youth
Service Corps programme is not one of the requirements to be
satisfied under the 1st Defendant’s constitution to enable me
participate in the primary election for Nominating the party flag
bearer for the office of Governor of Oyo State in the 2019 General
Election. A copy of the Constitution of the 1st Defendant is hereby
attached and marked as “Exhibit SHITTU 8”.

“I also know as a fact that under the Constitution of the
Federal Republic of Nigeria, 1999 (As Amended) it is not a
requirement for me to have participated in National Youth Service
Corps Scheme to be eligible for participation in the 1st
Defendant’s primary election for Nomination of its flag bearer in
Oyo State for the 2019 General election.

“ I know also as a fact that the Electoral Act 2010 [as Amended]
did not make participation in the National Youth Service Corps
Scheme a condition precedent for contesting any elective office
whatsoever.

“I know also that participation in NYSC Scheme is not one of the
requirements to enable me take part in primary election for
Nomination of the 1st Defendant’s flag bearer for the office of
Governor of Oyo State in the 2019 General election.”