The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has taken legal action against the National Youth Service Corps (NYSC), Minister of Art, Culture and the Creative Economy, Hannatu Musawa, and Music producer, television presenter, and music executive Kenny Ogungbe.
The lawsuit, filed at the Federal High Court in Abuja under the suit number FHC/ABJ/05/90/2024, alleges violations of the NYSC Act’s provisions.
The crux of the matter revolves around whether Musawa and Ogungbe have the discretion to voluntarily choose when to undergo the mandatory National Youth Service after qualifying. Additionally, NBA-SPIDEL has raised concerns about the validity of the discharge certificates awarded to both defendants by the NYSC.
According to the plaintiffs, Musawa and Ogungbe failed to comply with the mandatory one-year national youth service requirement after graduating from university, as stipulated by the NYSC Act. The allegations state that Musawa enrolled in the NYSC in 2023 but did not complete the service year, while Ogungbe only enrolled over 30 years after obtaining his bachelor’s degree.
The lawsuit contends that these actions violate sections of the NYSC Act that mandate Nigerian graduates under the age of 30 to undergo national service. As part of their relief, NBA-SPIDEL is seeking to nullify Musawa and Ogungbe’s NYSC discharge certificates, bar Musawa from public office, and compel the Federal Government to prosecute the defendants.
In addition to Musawa and Ogungbe, the National Youth Service Corps and the Federal Government of Nigeria are also named as defendants for allegedly enabling or failing to prevent the violations.
The lawsuit underscores the importance of promoting the objectives of the NYSC scheme, emphasizing discipline and national ethos in Nigerian youth. NBA-SPIDEL is concerned that the actions of these prominent public figures could set a precedent by flouting the rules without facing consequences.
Further relief sought includes compelling the office of the Attorney General of the Federation to prosecute the defendants for their failure to make themselves available for service immediately upon graduation, as stipulated in the NYSC Act.
This legal action follows a pre-action notice issued by NBA-SPIDEL to the NYSC in December 2023, demanding the prosecution of Musawa and Ogungbe over the same youth service provision infringements. Despite a subsequent meeting with the NYSC Director-General, NBA-SPIDEL remains resolute in its pursuit of justice.
NBA-SPIDEL’s Publicity Secretary, Sadiya Saleh, reiterated that Musawa and Ogungbe’s delayed participation, beyond the requisite 30-year age limit, was unlawful. She emphasized that their service year and discharge certificates were thus invalid and void.
The court will ultimately determine whether the allegations constitute violations of the NYSC Act and warrant the requested remedies. Nevertheless, the case has already sparked public debate regarding compliance with the mandatory national service scheme, particularly by high-profile individuals.