Minister of Arts, Culture and Creative Economy, Hannatu Musawa, was a guest on Channels Television’s Sunday Politics programme addressed the ongoing controversy surrounding her National Youth Service Corps (NYSC) certificate and how she secured her ministerial position despite the issue......Read The Full Article>>.....Read The Full Article>>
When questioned about how she became a minister without an NYSC certificate, Musawa insisted that she had done nothing wrong and had not broken any laws. “The fact that I’m sat here should tell you that really nothing I did, I didn’t do anything wrong,” she stated.
However, the minister did not provide a clear explanation of the situation, instead suggesting that there have been “so many different accounts” circulating in the media and on social media. Musawa promised that she would eventually come forward with her own account to “set the record straight,” but did not offer a timeline for when this would occur.
The interviewer pressed Musawa on the importance of providing Nigerians with an explanation, given her position as a public servant. “You cannot run away or shy away from telling Nigerians because you are owning that office in trust,” the interviewer noted.
Musawa maintained that she had completed her NYSC service, claiming to have done “at least two years of NYSC” in her life. When confronted with information suggesting that her NYSC certificate indicates she finished the program while already in office, Musawa did not directly confirm or deny this, instead reiterating that she had not broken any laws or regulations.
The minister’s responses have drawn criticism from some quarters, with concerns raised about the lack of transparency and the potential implications of completing NYSC service while holding public office.
Recall how former President, Yakubu Maikyau SAN, frustrated and killed the case by suspending the leadership of the public interest section, SPIDEL, in response to the lawsuit. He had ordered the immediate suspension of all ongoing public interest lawsuits and advocacy interventions. On March 21, 2024, the Federal High Court in Abuja dismissed a lawsuit filed by officials of the Nigerian Bar Association’s Section on Public Interest and Development Law (NBA-SPIDEL) against the Minister of Art, Culture, and Creative Economy, Hannatu Musawa, and two others. The case, registered as FHC/ABJ/CS/90/2024, came to an abrupt end due to the plaintiffs’ lack of legal standing, commonly referred to as *locus standi*.
The plaintiffs, John Aikpokpo Martins, Chairman of NBA-SPIDEL, and Funmi Adeogun, Secretary, had initiated the legal action in their official capacities. However, the court ruled that even if the suit had been brought in their personal capacities, they would still lack the competence to pursue the case.
During the proceedings, the plaintiffs’ counsel conceded to not having filed additional authority but assured the court that they had it. As a result, the court directed the counsel to provide and serve copies of the additional authority to all relevant parties, leading to a brief adjournment.
Upon reconvening for the ruling, the presiding judge made significant pronouncements regarding the plaintiffs’ capacity to sue. The court emphasized that while the plaintiffs had initiated the action in their official capacities as NBA-SPIDEL officials, even if the suit had been filed in their personal capacities, they would still lack the standing or competence to bring the case.
The court clarified the distinction between actions in personal and official capacities, drawing an analogy with the Attorney General and Minister of Justice of Nigeria. The court stressed that for the plaintiffs to be deemed competent, NBA-SPIDEL must demonstrate legal capacity to sue. However, as a creation of the Nigerian Bar Association (NBA) constitution, NBA-SPIDEL is an artificial entity not recognized by law.
The court noted that NBA-SPIDEL owed its existence to the NBA or the Incorporated Trustees of the NBA, as outlined in Section 17(1) of the NBA Constitution. The sixth schedule of the constitution mentions NBA-SPIDEL as one of the sections under the NBA. The court ruled that NBA-SPIDEL, being a mere section under the NBA and an unincorporated body, cannot independently file a lawsuit without the involvement of the Incorporated Trustees of the NBA, as per Section 17(4) of the NBA Constitution.
Consequently, the court dismissed the suit, stating that the plaintiffs had acted contrary to Section 17(4) of the NBA Constitution by presenting themselves as representatives of the NBA without involving the Incorporated Trustees.
