Why Hannatu Musawa Can’t be Prosecuted for Accepting Appointment While a Corps Member—Senior Lawyers
As reported by THE PUNCH, a number of senior lawyers in Nigeria have asserted that the Minister of Arts and Culture, Hannatu Musawa, cannot face prosecution for holding a cabinet position in President Asiwaju Bola Ahmed Tinubu’s administration while still serving as a corps member.
Minister of Arts and Culture, Hannatu Musawa and President Tinubu (photo credit: THE CABLE)
The Human Rights Writers Association of Nigeria alleged that the minister was a serving corps member and urged the National Youth Service Corps (NYSC) to ensure her commitment either to her national youth service or her ministerial role.
In response, the NYSC accused Musawa of violating the NYSC Act, stating that a corps member is prohibited from assuming a government appointment until completing one year of service. Eddy Megwa, the NYSC spokesperson, clarified this position.
An unverified viral statement, allegedly originating from the minister, claimed that she hadn’t contravened any NYSC laws. Her position was supported by a Senior lawyer, Norrision Quakers, SAN. In an interview, he asserted that she hadn’t breached any stipulations outlined in the amended 1999 Constitution regarding ministerial qualifications.
Quakers dismissed the uproar surrounding the issue as unnecessary, asserting that Section 65 of the Constitution clearly defined the qualification criteria for ministers. He emphasized that the Constitution did not explicitly prohibit a serving corps member from becoming a minister.
In another perspective, Adegoke Rasheed, SAN, said the court might have to determine if her current position as a minister is an employment or appointment.
Adegoke suggested that rather than face prosecution, she might be limited to receiving a corps member’s salary. He expressed, “To me, it could be argued that her appointment is a form of service to the nation. She may be required to be subjected to the rule of the NYSC to attract no further remuneration beyond what is payable under the NYSC Act to an average corps member. The issue of prosecution or other things may not arise.”
Rotimi Jacobs, SAN, contended that her designation as a Minister ought to be viewed as an integral aspect of her national service, emphasizing that she should engage in additional activities akin to a corps member and be entitled to receive corresponding allowances.
Ifedayo Adedipe, SAN, noted that the NYSC regulations weren’t rigid and suggested that her service could be postponed until her term in office concluded, or she could obtain an exemption letter from the NYSC to continue her role as Minister.
Adedipe remarked, “I do not think you are allowed to have an alternative job somewhere, so I think that employment is wrong in that scope. What should happen if the president becomes aware? We will probably ask her to go back to finish her service.”
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