*Says NYSC Act’s Section 13 doesn’t prohibit Ministerial roles despite evading service
A renowned legal practitioner Chief Yomi Aliyu (SAN) has shed light on a captivating legal perspective concerning the qualifications of youth corps members for ministerial appointments in Nigeria.
Delving into specific legal provisions, Chief Aliyu asserts that significant authority is vested in the President with regard to the National Youth Service Corps (NYSC), as outlined in Section 16 of the NYSC Act. This particular section empowers the President to establish regulatory frameworks governing the operational landscape of the NYSC.
Section 17 of the same Act, as highlighted by Chief Aliyu, states that the NYSC Directorate, upon advisement from the National Security Council, holds the authority to modify the duration of national service or even grant a certificate of exemption to a corps member.
Drawing from the Constitution of the Federal Republic of Nigeria, Chief Aliyu referred to Section 147, which establishes the office of a Minister in the federal government. In tandem, Section 75 (1)(b) outlines the qualifications for a Minister, stipulating that an individual must meet the criteria for a member of the House of Representatives and be at least 30 years old.
Building on this legal foundation, Chief Aliyu’s argument unfolds: if a youth corps member fulfills all the prerequisites for a Minister, including age and qualification, there exists no explicit prohibition within the NYSC Act or the Constitution against appointing a youth corps member, such as the Minister of Art, to a ministerial position. Furthermore, Chief Aliyu highlights the authority vested in the NYSC Directorate to either reduce a corps member’s service period or grant an exemption certificate, which could allow for greater flexibility in such appointments.
Additionally, Chief Aliyu points out that the President has the prerogative to bestow a National Award upon individuals, an honor that can be extended to awardees, as they are exempt from compulsory National Youth Service.
The provisions within Section 13 of the NYSC Act, according to Chief Aliyu, specifically target those who evade service and employers who abet desertion, indicating that being a youth corps member does not inherently preclude one from assuming a ministerial role.
Chief Aliyu’s perspective encapsulates a nuanced interpretation of existing laws and regulations, suggesting that a competent and qualified youth corps member under 30 years of age could indeed be a suitable candidate for a ministerial appointment. This viewpoint invites a fresh debate on the relationship between youth service and high-level government positions in Nigeria.
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