Lagos Based Lawyer and Human Rights Activist, Inibehe Effiong
has instituted an action before the Federal High Court of Nigeria,
challenging the appointment and posting of Brigadier-General
Shuaibu Ibrahim as the Director-General of the National Youth Corp
Service by the Chief of Army Staff and the Nigerian Army.
In the case with Suit No: FHC/L/CS/764/2019, made available to
TheNigerialawyer (TNL) and brought against the office of the
President of the Federal Republic, the Nigerian Army, the Chief of
Army Staff, the National Youth Service Corps, Brigadier-General
Shuaibu Ibrahim, and the Attorney General of the federation, the
plaintiff, Inibehe Effiong, has asked whether in view of the extant
provisions of Section 5 (1) of the National Youth Service Corps
Act, Cap. N 84 Laws of the Federation of Nigeria, 2004, any other
authority or person outside the President of the Federal Republic
of Nigeria can validly appoint the Director-General of the National
Youth Service Corps; and also, whether having appointed the
Director-General of the National Youth Service Corps, in total
violation of the provisions of Section 5 (1) of the National Youth
Service Corp Act, Cap N84 Laws of the Federation of Nigeria, 2004,
the Chief of Army Staff and the Nigerian Army, have not acted ultra
vires their powers under the Armed Forces Act.
Arguing the proprietary or otherwise of the said appointment,
the plaintiff, Inibehe Effiong is seeking the following reliefs to
wit: A Declaration that by the provisions of Section 5 (1) of the
National Youth Service Corp Act, Cap N84 Laws of the Federation of
Nigeria, 2004, neither the Chief of Army Staff nor the Nigerian
Army can appoint the Director-General of the National Youth Service
Corps; A Declaration that by provisions of Section 5 (1) of the
National Youth Service Corp Act, Cap N84 Laws of the Federation of
Nigeria, 2004, the sole appointing authority of the Director
General of the National Youth Corp Service remains the President of
Nigeria; A Declaration that the appointment of the 5th Defendant as
the Director-General of the National Youth Corp Service by the 2nd
and 3rd Defendants is contrary to the provisions of Section 5 (1)
of the National Youth Service Corps Act, Cap N84 Laws of the
Federation of Nigeria, 2004, and is therefore invalid, illegal,
null, void and of no effect whatsoever; An order of this Honourable
Court setting aside the appointment and posting of
Brigadier-General Shuaibu Ibrahim as the Director-General of the
National Youth Corp Service by the 2nd and 3rd Defendants; and AN
Order of the Honourable Court restraining the 2nd and 3rd
Defendants from usurping the powers reserved for the President of
the Federal Republic of Nigeria under Section 5 (1) of the National
Youth Service Corp Act vis-à-vis the appointment of the
Director-General of the National Youth Corp Service.
The application is supported with a 27 paragraphs affidavit
deposed to by the plaintiff, Mr. Inibehe Effiong. Following the
application is a list of exhibits to be relied upon, a certificate
of authentication of computer generated documents and a written
address in support.
TheNigerialawyer (TNL) recalls the Chief of Army Staff had
earlier appointed and posted Brigadier-General Shuaibu Ibrahim as
the Director-General of the National Youth Corp Service which has
led to comments in the legal community as an abnormally.