The Federal High Court sitting in Abuja has okayed a fresh suit seeking to restrain the Minister of Arts, Culture and Creative Economy, Ms. Hannatu Musa Musawa, from serving as a member of President Bola Tinubu’s cabinet.
The Originating Summons, marked: FHC/ABJ/CS/1230/2023, is seeking to not only declare the seat of the Minister as vacant, but to equally bar her from receiving salaries, emoluments and other perks attached to the office.
The Incorporated Trustees of African Leadership & Transparency Development Initiative, which initiated the legal action before the court, maintained that Musawa, being a serving National Youth Corps member, is not legally qualified to be appointed a Minister of the Federal Republic of Nigeria.
According to the plaintiff, the swearing in of the 1st defendant, Musawa, as a Minister, despite being a public officer by virtue of the fact that she is still a serving member of the National Youth Service Corp, NYSC, was in grave breach of Section 66 (1) (f); 147(5) and 1 (1&2) of the 1999 constitution, as amended.
The plaintiff told the court that whereas section 147(5) of the Constitution stipulated that no person should be appointed as a Minister of the Government of the Federation, unless he is qualified for election as a member of the House of Representatives.
It added that Section 66 (1) (f) of the Constitution expressly provided that no person should be qualified for election to the Senate or the House of Representatives, if such person is employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment 30 days before the date of election.
The plaintiff told the court that the 1st defendant, who is a public officer by virtue of being a current member of the NYSC, was sworn into office as a Minister on August 21, 2023.
It is praying the court to determine: “Whether upon an intimate reading and comprehensive understanding of Sections 1 (1& 2), 66 (1) (f), 147(5) and 315(5) of the 1999 Constitution of the Federal Republic of Nigeria as amended, the 1st Defendant is qualified to be sworn in and employed by the Federal Government of Nigeria as a Minister of the Federal Republic of Nigeria at a time when she is a serving member of the National Youth Service Corp?”
Upon determination of the sole legal question, the organization wants the court to among other things, declare that, “upon an intimate reading and comprehensive understanding of Sections 1 (1& 2), 66 (1) (f), 147(5) and 315(5) of the 1999 Constitution of the Federal Republic of Nigeria as amended, the 1st Defendant is not qualified to be employed by the Federal Government of Nigeria as a Minister of the Federal Republic of Nigeria at a time when she was a serving member of the National Youth Service Corp.
“A declaration of this Honourable Court that, upon an intimate reading and comprehensive understanding of Sections 1 (1& 2), 66 (1) (f), 147(5) and 315(5) of the 1999 Constitution of the Federal Republic of Nigeria, the Federal Government of Nigeria, represented by the 2nd Defendant herein, is without constitutional vires to employ the 1st Defendant, who is a serving member of the National Youth Service Corp, as a Minister of the Federal Republic of Nigeria.
Aside from Ms. Musawa, the Attorney-General of the Federation and Minister of Justice, was cited as the 2nd defendant in the suit.
Meanwhile, no date has been fixed for the matter to be heard.