MATTERS ARISING: Adeosun didn't need NYSC because she wasn't a Nigerian — but how did she become one?

MATTERS ARISING: Adeosun didn’t need NYSC because she wasn’t a Nigerian — but how did she become one?

July 09

20:20 2021

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In what can be described as a historic ruling, a federal high court in Abuja declared that Kemi Adeosun, former minister of finance, had no obligation to produce a National Youth Service Corps (NYSC) certificate to enable her to hold public office in Nigeria.

Adeosun resigned as minister in 2018 over the allegation that she presented a forged NYSC exemption certificate as part of her credentials.

However, almost three years after she left office, Adeosun through her lawyer, Wole Olanipekun, approached the court seeking to determine whether or not she was qualified to hold a ministerial position in Nigeria.

Although the court was silent on the allegation that she forged the certificate, Taiwo Taiwo, the judge, held that the constitution does not require the former minister to present an NYSC certificate, to hold public office.

The court also held that Adeosun “not being a citizen of Nigeria in 1989 when she graduated from the University of East London, UK, was not eligible to participate in the National Youth Service Scheme”.

WHY WASN’T SHE ELIGIBLE?

Adeosun, according to the court, was ineligible to participate in the NYSC scheme because she was not a Nigerian at the time she graduated from university.

She was born in London, United Kingdom, on March 9, 1967. By virtue of her birth in London, she became a United Kingdom citizen.

She attended the University of East London, United Kingdom, between 1986 and 1989, and graduated with B.Sc. (Hons) in Applied Economics in 1989 at the age of 22.

As of 1989, the constitution in force in Nigeria was the 1979 constitution.

Section 26 (1) and (3) of the 1979 Constitution states that:

“(1) Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian citizenship if he acquires or retains the citizenship or nationality of a country other than Nigeria.

“(3) A citizen of Nigeria by birth shall not forfeit his Nigerian citizenship if, within 12 months of the coming into force of the provisions of this Chapter or of his attaining the age of 21 years (whichever is the latter) he renounces the citizenship or nationality of any other country which he may possess.”

However, according to information available in public domain, at no time did Adeosun renounce her United Kingdom citizenship. This translates to the fact that she lost her Nigerian citizenship immediately after she attained the age of 21 years — in 1988.

WHEN DID SHE ATTAIN NIGERIAN CITIZENSHIP?

Eventually, the 1999 constitution came into force. Adeosun automatically became a Nigerian citizen by virtue of Section 25 (1)(c) because she was born to Nigerian parents. At this time, she was already 32 years old.

She then moved to Nigeria at the age of 36 — in 2003.

The court, in its findings, held that “at the time she moved back to Nigeria in 2003, she was not eligible under the NYSC Act to serve the NYSC. In fact, it would have been a criminal offence if she had participated in the NYSC scheme under any guise. She is thus by law, estopped from participation in the scheme.”

EXEMPTION CERTIFICATE?

One may contend that any graduate in employment in Nigeria is expected to have provided his employer with a discharge/exemption certificate prior to obtaining the job as obligated by the provisions of Section 12 of the NYSC Act, otherwise, that person ought not to be employed.

But Olanipekun argued that his client did not need to present an exemption certificate as she was “appointed” and not “employed” by the federal government.

According to the senior lawyer, “this distinction was struck in Oni v. Fayemi (supra) at page 12, where the court of appeal held thus, in relation to the office of a minister: “the Chambers dictionary defines the noun “employee” as a person employed for wages or salary. The fact is common knowledge that a minister is not employed for wages or salary.”

In his judgment, the court held that “she was not in the employment of agency or government and did not have to present a certificate of discharge as a prerequisite for employment.”

“For the avoidance of doubt, participation in the National Youth Service Scheme is not a yardstick to be elected into any of the legislative houses, be in the States or the national assembly, ditto for ministerial appointment despite the National Youth Service Corp Act being an integral part of the constitution by virtue of Section 315(5) of the Constitution,” the judge held.

“Section 200 (1)(a) and Section 156 (1)(a) of the constitution is also clear to the effect that no Nigerian citizen including the plaintiff is disqualified from holding offices in the state and federal executive office by virtue of non-participation in the national youth service scheme.”