The Federal High Court in Abuja has directed the Minister of Interior, Olubunmi Tunji-Ojo, to respond to a suit seeking the release of records relating to his National Youth Service Corps (NYSC) service.
Justice Salim Ibrahim gave the directive on Monday during proceedings in the suit instituted by the Incorporated Trustees of Pathway to Equity and Charity Foundation against the NYSC and the Federal Capital Territory Administration (FCTA).
The foundation is asking the court to compel the two public institutions to release documents relating to Tunji-Ojo’s mobilisation, posting, primary assignment, attendance, remobilisation and completion of the mandatory national service.
Tunji-Ojo, who is seeking to be joined as the third respondent in the suit, was directed by the court to file and serve his response to a counter-affidavit filed by the foundation opposing his application for joinder.
At the proceedings, counsel to the foundation, Solomon Akuma (SAN), informed the court that the applicant was ready to proceed with the hearing.
However, counsel to Tunji-Ojo, Abiola Olaniji, told the court that the Minister had filed an application seeking to be joined in the proceedings.
Olaniji said the foundation had responded to the application with a counter-affidavit raising issues to which the Minister needed to reply. He told the court that Tunji-Ojo was prepared to participate in the proceedings as an interested party and sought time to respond to the foundation’s objection.
Akuma opposed the application for joinder, arguing that the Minister was not a proper party to the suit. He told the court that the action was for an order of mandamus compelling the NYSC and FCTA to produce documents in their custody and that the records being sought were not in the Minister’s possession.
Justice Ibrahim subsequently adjourned the matter and ordered Tunji-Ojo to file and serve his response before the next hearing.
In its substantive application, the foundation is asking the court to compel the NYSC to produce the mobilisation or call-up letter issued to Tunji-Ojo in 2006 or any other year, as well as the letter posting him to the FCTA.
It is also seeking Tunji-Ojo’s application for mobilisation; evidence of approval of his remobilisation by the NYSC Director-General; records of allowances paid to him during the service period; his “Book of Life”; Community Development Service records; and his discharge certificate.
The foundation is separately asking the FCTA to produce the Minister’s mobilisation or call-up letter and posting letter. It also wants the FCTA to release his attendance records during the service year, evidence of allowances paid to him and records relating to his Community Development Service.
In a 25-paragraph affidavit supporting the suit, Chairman of the foundation’s Board of Trustees, Uchenna Ejimafor, described the organisation as a non-governmental organisation involved in exposing documents and reporting cases of corruption, bribery and abuse of office in public and private institutions.
Ejimafor said Tunji-Ojo had presented himself as having completed the mandatory one-year national service and served his primary assignment in the Federal Capital Territory.
He alleged that an investigation conducted by the foundation indicated that the Minister did not serve with the FCTA in 2006 or any other year.
Ejimafor said the organisation, through its solicitors, subsequently requested the records from the NYSC and FCTA to verify its findings but that the documents were not released.
The foundation said its requests were made pursuant to the Freedom of Information Act, maintaining that the respondents failed, refused or neglected to provide the documents within the stipulated period.
It, therefore, approached the Federal High Court for an order compelling the agencies to release the records.
The court action follows an earlier controversy over Tunji-Ojo’s NYSC service, which prompted the scheme to provide an official account of his records in 2023.
In a letter dated August 8, 2023, signed by Fasakin B. A. on behalf of the Director-General, the NYSC said Tunji-Ojo was mobilised for national service in 2006 and deployed to the Federal Capital Territory.
According to the NYSC, he subsequently absconded from the scheme.
The agency said Tunji-Ojo resurfaced in 2019 and was remobilised before being posted to the Federal Capital Development Authority (FCDA) for his primary assignment.
The NYSC also explained why his discharge certificate was not immediately available. It said the certificate was unavailable at the passing-out parade because Tunji-Ojo’s name had been omitted from the certificate printing application.
According to the scheme, the Minister later applied for the certificate through the FCT State Coordinator on October 18, 2022.
The application was subsequently forwarded to the NYSC headquarters for processing.
The NYSC said Certificate No. A004523631 was produced on February 28, 2023, for collection.