The APC screened Shittu out of the race for not presenting a National
Youth Service Corps (NYSC) scheme discharge certificate.
According NAN, Shittu in the originating summons, argued that it was wrong
for APC to disqualify him for not presenting the certificate.
The minister said participation in the NYSC scheme was not a condition
precedent to be satisfied before he was appointed a minister.
Shittu is asking the court to determine “whether by the provision of
Section 2(1) of the National Youth Service Corps Decree No. 24 of 1973
and/or any other provision of the Decree being the law in force as at 1978
when the Plaintiff graduated at the University of Ile-Ife (now Obafemi
Awolowo University, Ile-Ife) he was under any legal obligation to have
warranted the plaintiff’s participation in the National Youth Service
Corps in the absence of a call-up instrument duly served on the Plaintiff
by the National Youth Service Corps.
“Whether, by the combined reading of sections 176-183 of the constitution
of the federal republic of Nigeria [as Amended] and Article 20(iii) & (iv)
of the Constitution of the All Progressive Congress; it is a condition
that the gubernatorial aspirant of the 1st Defendant (APC) and/or any
political party for that matter in Nigeria must present the National Youth
Service Corps Discharge/Exemption Certificate;
”Whether it is ultra vires the powers of the 1st defendant to have
disqualified the plaintiff from participating in its primary election for
nomination of the governorship candidate of the 1st defendant in Oyo State
for the 2019 General Election on the ground that the plaintiff does not
possess National Youth Service Corps Discharge/Exemption Certificate;
”Whether it does not amount to denial of fair hearing as enshrined in
section 36(1) of the 1999 constitution of as amended for the 1st defendant
to have purportedly disqualified the plaintiff from contesting for
governorship election in Oys state under the platform of the 1st defendant
without availing the Plaintiff an opportunity to be heard on the
allegations that the plaintiff avoided the National Youth Service Scheme;
and
”Whether by the combined reading of the provisions of Sections 147(5),
65(1)(b) & (2), 66 (1) of the 1999 Constitution (as amended) and Section
12 of the National Youth Service Corps Act, Cap N84 laws of the federation
of Nigeria 2004, the plaintiff was qualified to have been appointed as a
Minister capable of holding the office, and/or any other governmental
office at any level notwithstanding the fact that he did not participate
in the National Youth Service Corps scheme.”
In an affidavit in personally swore to and filed by A.U. Mustapha, his
counsel, Shittu said there was no “call-up instrument” served on him when
he graduated.
“I was liable but not obligated to have participated in the National Youth
Service Corps Scheme both at the time I graduated from the said University
and as at the time I was called to the Nigerian bar,” the affidavit read.
“I know as a fact that I was also not served any notice or notified in any
manner to proceed to participate in the National Youth Service Corps
scheme.
“I know as a fact that participation in the National Youth Service Corps
programme is not one of the requirements to be satisfied under the 1st
defendant’s constitution to enable me participate in the primary election
for Nominating the party flag bearer for the office of governor of Oyo
state in the 2019 general election. A copy of the Constitution of the 1st
Defendant is hereby attached and marked as ‘Exhibit SHITTU 8’.
“I also know as a fact that under the Constitution of the Federal Republic
of Nigeria, 1999 (as amended) it is not a requirement for me to have
participated in National Youth Service Corps Scheme to be eligible for
participation in the 1st Defendant’s primary election for Nomination of
its flag bearer in Oyo State for the 2019 General election.
“I know also as a fact that the Electoral Act 2010 [as amended] did not
make participation in the National Youth Service Corps Scheme a condition
precedent for contesting any elective office whatsoever. I know also that
participation in NYSC Scheme is not one of the requirements to enable me
take part in primary election for nomination of the 1st defendant’s flag
bearer for the office of governor of Oyo state in the 2019 General
election.”