Can Ex Minister Of Finance Be Saved Under The Law? By Bisiriyu Quam.O. Esq

Ex Minister of Finance of Federal Republic of Nigeria and former Commissioner for Finance Ogun State , (Mrs. Kemi Adeosun) as regards skipping of NYSC Scheme, and forged certificate of the scheme, has been on Air. It could be recalled that Premium Times investigation through Freedom of Information Act, revealed that ,apart from skipping the NYSC scheme the Ex-Minister for finance, forged National Youth Service Corps Certificate, for several months before a final her resignation on “14^th September, 2018”. This Article tends to reveal either she’s actually “exempted” as she claimed to be, or rather, may be the Presidency can circumvent the provisions of the NYSC Act to allow her remain in his Cabinet; if no admission of forged certificate. It is in this light we would look at some provisions of the NYSC Act to come to conclusion on the aforementined issues to wit:-

• Section 2 (i) (a) (b) (c) of the NYSC Act
• Section 2 (2)  (a) of the NYSC Act
• Section 12 ad section 17 of the NYSC

Section 2 (1) (a), (b), (c), (d) states as follows:

2. Calling-up of members of service corps.

(1) Subject to the provisions of this Act, every Nigerian shall – (a)         if, at the end of the academic year 1972-73 or, as the case may be, at the end of any subsequent academic year, he shall have graduated at any university in Nigeria; or (b)         if, at the end of the academic year 1974-75 or, as the case may be, at the end of any subsequent year, he shall have graduated at any university outside Nigeria; or (c)         if, at the end of the academic year 1975-76 or, as the case may be, at the end of any subsequent year, he shall have obtained the Higher National Diploma or such other professional qualification as may be prescribed; or (d)         if, at the end of the academic year 1975-76 or, as the case may be, at the end of any subsequent academic year up to the end of the 1983-84 academic year, he shall have obtained the National Certificate of Education, be under an obligation, unless exempted under subsection (2) of this section or section 17 of this Act, to make himself available for service for a continuous period of one year from the date specified in the call-up instrument served upon him. In summary, the provision of the above section requires all Nigerian:- If at the end of academic year; 1972-1973; 1974-75; 1975-1976 such person shall have graduated at any university in Nigeria, or any university outside Nigeria, or shall other professional qualification; All the aforementioned person’s shall be under on obligation to make himself available for service for continues period of one year specified 17 the call up instrument served question unless ……………… NB: The provision further states that “unless such persons is exempted under Section 2 subsection 2 of the Act or section 17 NYSC ACT This will prompt us to look at Section 2 sub section 2 of the NYSC Act, as the Ex-minister claims from this subsection as regards her “Age status” Before taking cursory glance at section 17. Section 2 Sub-section 2 of section to provide thus; (2) Notwithstanding the provisions of subsection (1) of this section, with effect from 1st August 1985, a person shall not be called upon to serve in the service corps if, at the date of his graduation or obtaining his diploma or other professional qualification – (a)         he is over the age of thirty; or (b)         he has served in the armed forces of the Federation or the Nigeria Police Force for a period of more than nine months; or (c)         he is member of staff of any of the following, that is – (i)      the State Security Service, or (ii)    the National Intelligence Agency, or (iii)    the Defence Intelligence Agency; or  (d) he has been conferred with any National Honour In summary, all the above persons shall be exempted from/or shall not be called upon to service in the service corps; If at the date of graduation of obtaining his diploma or other professional qualification his above the age of 30. Can she be saved by virtue of Section 2(2) (a) of the Act? From all circumstances; it is very clear that the ex-minister of finance Kemi Adeosun can’t be saved by provision of section 2 (2) of the NYSC ACT; and thus she can’t claim an exemption under that section as she as established in her  letter to the President which is here in reproduced: .. I obtained my first Nigerian passport at the age of 34 .., I was informed that due to my residency history and having exceeded the age of (30) I was exempted from requirement to serve.. Be it as it may, the position of the law is very clear that: “The grounds of exemption of service on grounds of Age; is as at the time she graduated that she is above 30”. Could she have been exempted by any other provisions of the Act? YES! A cursory look at Section 17 of the NYSC Act answers the above question in affirmative. The provision of the Act s herein reproduced:

17. Exemptions from and deferment of service, etc.

(1) Notwithstanding anything to the contrary, the Directorate may, with the prior approval of the National Defence Council, by an order published in the Gazette exempt any person from all or any of the provisions of this Act, and may subject thereto and with such approval impose, in relation to any exemption, such conditions as it may think fit.        (2) For the purposes of subsection (1) of this section and with the approval of the National Defence Council, the Directorate may, on being satisfied that there is reasonable cause for so doing by an order, defer the calling-up of any person or category of persons liable to be called up for service in the service corps for such period as may be specified in the order, and may subject to such approval reduce or extend the period of service specified in section 2 of this Act in relation to the service of any person or category of persons liable to be called up.  (3) Where an order is made for an exemption of any person it shall be the duty of the Directorate to issue to that person a Certificate of Exemption in the prescribed form, and for the purposes of this section, where the service of any person in the service corps is deferred or where the period of service is extended or reduced, as the case may be, pursuant to subsection (2) of this section, a Certificate of Exemption setting out such particulars or the prescribed particulars shall be issued to such person. Literal interpretation of Section 17(1) of the Act particularly is to the effect that Directorate (i.e. the governing body of service corps) with prior approval of the National Defence and Security Council by an order published in Gazette exempt any person from all or any of the provision of the Act; and may as well impose conditions as if may them fit. If indeed, the Presidency, wants to circumvent the provisions of section 2(2) (Supra); the Presidency ought to have proceeded by Section 17 through the National Defence and Security Council and Directorate being a Federal body direct her exemption or grant her National Honour under Section 2(2)(d) of the Act as one of the grounds for her Exemption. The brouhaha as regards her exemption on grounds of Age could have been circumvented. Could there have  been an Infraction of  the NYSC ACT by the Presidency? Lets take a Voyage of Section 12 of the NYSC Act Section 12 of the Act provides thus:

12. Production of Certificate for employment purposes.

(1) For the purposes of employment anywhere in the Federation and before employment, it shall be the duty of every prospective employer to demand and obtain from any person who claims to have obtained his first degree at the end of the academic year 1973-74 or, as the case may be, at the end of any subsequent academic year the following  (a)         a copy of the Certificate of National Service of such person issued pursuant to section 11 of this Act; (b)         a copy of any exemption certificate issued to such person pursuant to section 17 of this Act; and 7 (c)         such other particulars relevant thereto as may be prescribed by or under this Act. The above provision of the Act it concise, It preaches that employer (i.e the FGN) in this circumstance shall before employment of any person who claims to have obtained first degree at 1973 – 1974 as the case may be, demand and obtain Certificate of National, Service issued pursuant to Section 11; Certificated of Exemption issued pursuant to section 17; or other particulars relevant as may be prescribed by the Act (e.g. on ground of category of persons listed under section 2 of subsection 2). The Presidency, having obtained the “fictious certificate” ought to have taken reasonable steps to ascertain the authencity of the said certificate through the governing board of service corps before her appointment, well there’s a possibility no one could have aver their mind to this position. Due diligence could have been taken to ascertain the authencity of all required documents prior to her appointment not limited to Ex Minister of Finance, but to all His Cabinet,Members of the Houses, In fact to the Judiciary prior to their appointment in the course of screening as the case of forged certificate in Nigeria is not novel to our administrative system. Conclusion   In the final analysis, it is evident that “Rule of law” is Supreme, it can discard and import as every of its phrases prophesy. It is my humble advice that all appointments, screening should be based on our extant laws, not only having regards to Intellectual attraction of Appointees. Bisiriyu Quam.O. Esq, Associate, Akinmade Abolarin & Co. bisiriyu_quam@yahoo.com,+2348085724723.]]>