party, the All Progressives Congress, APC to court.
The Minister took the legal action after the party disqualifying him
as a governorship aspirant in Oyo State.
The ruling party stopped the Minister from continuing his
gubernatorial race through screening after he failed to present a
National Youth Service Corps, NYSC, discharge certificate.
The News Agency of Nigeria, NAN, reports that Shittu in the
originating summons argued that it was wrong for APC to disqualify him
for not presenting the certificate.
The Oyo-born politician also said that participation in the NYSC
scheme was not a condition precedent to be satisfied before he was
appointed a minister.
He, therefore asked the court to determine "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 Oys 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, the Minister personally swore to and filed by A.U.
Mustapha, his counsel, Shittu said there was no "call-up instrument"
served on him when he graduated.
"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," the
affidavit read.
"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 to 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 to 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."
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