Adebayo Shittu, minister of communications, has dragged the All Progressives Congress (APC) to court for disqualifying him from taking part in the Oyo state gubernatorial primary.
The APC screened Shittu out of the race for not tendering 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.
Shittu is asking the court to determine ”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.
“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.” the affidavit read