The Incorporated Trustee of Concerned Nigerians (ITCN), represented by Chiefs Patrick Eholor and Thomas Markus, have instituted a lawsuit against President Bola Tinubu and the Federal Government in the Abuja Federal High Court through which they are challenging the appointment of Ms. Hannatu Musawa as a minister of the Federal Republic while still serving her one year mandatory programme of the National Youth Service Corps (NYSC).
The lawsuit, numbered FHC/ABJ/CS/1189/2023, was filed on August 30, 2023.
The President, the Attorney General of the Federation, and the Minister of Art, Culture, and Creative Economy (Mrs. Hannatu Musawa) are listed as the 1st to 3rd Defendants in suit.
The lawsuit is specifically challenging the “illegality of the appointment of the 3rd defendant (Mrs. Hannatu Musawa) as a Federal Minister while still on NYSC national service.”
The plaintiffs cited the Supreme Court’s decision in the Modibbo v Usman case of 2019, which established that a youth corps member is “not competent to contest any election in Nigeria and or engage in partisan politics.”
The suit was filed by human rights lawyer, Mr. Samuel Ihensekhien (Jnr) on behalf of Deji Adeyanju, representing Chief Patrick Eholor and Thomas Markus as the 1st to 3rd Plaintiffs.
The lawsuit seeks several reliefs, including:
●Nullifying the recommendation, resolution, appointment, and swearing-in of the 3rd defendant as a Federal Minister of Nigeria.
●Setting aside the swearing-in of the 3rd defendant.
●Issuing a mandatory injunction to set aside all official actions carried out by the 3rd defendant from her swearing-in to the conclusion of the suit.
●Awarding general damages of N1,000,000.00 only against all the defendants.
●Awarding cost of litigation in the sum of N1,000,000.00 against the defendants.
●Any other consequential orders that the court may make in the case.
Ihensekhien Jnr, the plaintiffs’ counsel, averred that the appointment of Ms. Musawa, as a Federal Minister, while serving her NYSC, is illegal and goes against the Supreme Court’s decision.
He also quoted the NYSC Director of Press and Public Relations, Eddy Megwa, to have confirmed the minister’s breach of NYSC Act by accepting a government appointment before completing her one-year service.
The lawsuit seeks to address what the plaintiffs view as a violation of the Constitution and a breach of the NYSC Act, while asserting the importance of upholding the rule of law and respecting established legal principles.