Among the reliefs sought is "an order of the honourable court, nullifying the initial recommendation, the resolution to be a Minister, appointment and swearing in of the 3rd defendant as a Federal Minister of Nigeria."
The Incorporated Trustee of Concerned Nigerians, Chief Patrick Eholor and Thomas Markus have sued President Bola Tinubu and the Federal Government in an Abuja Federal High Court for illegally appointing Ms Hannatu Musawa as a minister while still performing her mandatory one-year National Youth Service Corps (NYSC).
In the suit numbered FHC/ABJ/CS/1189/2023, filed on Wednesday, August 30, 2023, the President of the Federal Republic of Nigeria, Attorney General of Federation, and Minister of Art, Culture, Creative Economy (Mrs Hannatu Musawa) were listed as 1st to 3rd Defendants.
The suit seeks to challenge the “illegality of the appointment of the 3rd defendant (Mrs Hannatu Musawa) as a Federal Minister while still on NYSC national service”, utter violations of the Supreme Court decision in the case of Modibbo v Usman decided in 2019, which held that a youth corps member "is not competent to contest any election in Nigeria and or engaged in partisan politics".
The suit was filed by Abuja-based human rights lawyer, Samuel Ihensekhien (Jnr) on behalf of Deji Adeyanju representing Incorporated Trustee of Concerned Nigerians, Chief Patrick Eholor and Thomas Markus as 1st to 3rd Plaintiffs.
Among the reliefs sought are "AN order of the honourable court, nullifying the initial recommendation, the resolution to be a Minister, appointment and swearing in of the 3rd defendant as a Federal Minister of Nigeria.
"AN order of the honourable Court setting aside the swearing-in of the 3rd defendant in this regard.
"AN order of the honourable Court for a mandatory injunction in setting aside all official actions as may be carried out by the 3rd defendant acting in any official capacity from the commencement of and swearing in of the 3rd defendant to the conclusion of this suit.
"An order for the payment of general damages in the sum of N1,000,000.00 only (one million naira only) against all the defendants.
"AN order for the payment of cost of litigation in the sum of N1,000,000. 00 (one million naira only) only against the defendants;
"And for other consequential orders that the honourable Court shall make in this case."
Addressing journalists shortly after filing the suit, counsel for the Plaintiffs, Mr Ihensekhien Jnr decried the alleged impunity demonstrated by the administration of President Bola Tinubu in the appointment of Ms Musawa as a minister in total violation of the Supreme Court judgment.
He said, "It’s so obvious that Mrs Hannatu Musawa being a serving corps member and then subsequently appointed as Federal Minister of Nigeria is illegal.
"It is now so crystal clear from the authoritative pronouncements of the Supreme Court in the case of Modibbo v Usman decided in 2019, that a youth corps member is not competent to contest any election in Nigeria and or engaged in partisan politics like Mrs Hannatu Musawa in this case."
He added, "In the same vein, a person just like Mrs Hannatu now a Federal Minister of Nigeria who has not completed the compulsory one-year youth service is not competent to be appointed a minister in Nigeria since the Constitution has prescribed the same qualifications and disqualifications for election into the House of Representatives and appointment into the post of a minister."
He quoted a Daily Trust report which cited the NYSC Director of Press and Public Relations, Eddy Megwa, admitting that the minister had been serving for the past eight months in the Federal Capital Territory (FCT).
He stated that Mr. Megwa explained that it was a breach of the NYSC Act for any corps member to pick up a government appointment before the one-year national service was over.