A Federal High Court in Abuja has
fixed October 8 to hear a suit asking it to sack the Minister of Finance, Mrs.
Kemi Adeosun, from office for not possessing a valid discharge certificate
issued by the National Youth Service Corps, NYSC.
The Chief Judge of the high
court, Justice Abdul Abdu-Kafarati, has assigned the suit marked
FHC/ABJ/CS/712/2018, to Justice Ijeoma Ojukwu for expeditious hearing.
A constitutional lawyer, Mr.
Francis Obalim, had approached the court, praying for an order quashing and
setting aside Mrs. Adeosun’s appointment as a Minister of the Federal Republic
of Nigeria by President Muhammadu Buhari, same being an act done in
circumvention of a condition precedent and in contravention of mandatory
Sections 12, 13 and 14 of the NYSC Act which is an integral part of the 1999
Constitution, as amended.
He maintained that Adeosun, who
was cited as the 1st defendant in the matter, was not qualified to be employed
by the Federal Government of Nigeria either as a Minister of the Federal
Republic of Nigeria or in any other capacity whatsoever, without first
presenting a valid discharge certificate issued by the NYSC.
The plaintiff also wanted the
court to restrain FG from further according a Ministerial status to the 1st
defendant, until she presents a valid certificate of discharge regularly issued
by the NYSC.
He wants the court to compel the
1st defendant to refund forthwith to FG, through the Treasury Single Account
domiciled at the Central Bank of Nigeria, all the salaries, emoluments,
allowances and such other benefits she has enjoyed since her resumption as a
Minister in 2015.
Other defendants in the suit were
the Attorney General of the Federation and Minister of Justice, Mr. Abubakar
Malami, SAN, the Senate President, Dr. Bukola Saraki and Clerk of the Senate.
The lawyer prayed the court to
determine, “Whether upon an intimate reading and complete understanding
Sections 12, 13 and 14 of the National Youth Service Corp Act which is an
integral part of the 1999 Constitution of the Federal Republic of Nigeria as
amended, the 1st Defendant is qualified to be employed by the Federal
Government of Nigeria either as a Minister of the Federal Republic of Nigeria
or in any other capacity whatsoever without first presenting a valid discharge
certificate issued by the National Youth Service Corp?
He also prayed the court to well
as determine, “Whether the appointment of the 1st Defendant by the President of
the Federal Republic of Nigeria [as a Minister of the Federal Republic of
Nigeria] and the subsequent confirmation of same by the Senate of the Federal
Republic of Nigeria are not a nullity and therefore liable to be quashed and
set aside being acts done in circumvention of a condition precedent and in
violation of Sections 12, 13 and 14 of the National Youth Service Corp Act
which is an integral part of the 1999 Constitution of the Federal Republic of
Nigeria as amended?”
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