The Federal High Court in Abuja has granted leave to an applicant, Oladotun Hassan, seeking to disqualify the appointment of the Minister of Interior, Olubunmi Tunji-Ojo, on the grounds of forgery of his National Youth Service Corps (NYSC) certificate.
According to a copy of the order obtained on Monday, Justice Emeka Nwite granted leave to hear the case.
The suit, FHC/ABJ/C5/1155/2023, is between Aare Oladotun Hassan as the applicant and six respondents; the first respondent is the minister of Interior, hon. Olubunmi Tunji-Ojo and the second respondent is the president of the Federal Republic of Nigeria.
The third to sixth respondents are the Attorney General of the federation and minister of justice; the Senate President of the Federal Republic of Nigeria; the Senate, Federal Republic of Nigeria; and the National Youth Service Corps (NYSC), respectively.
The case has been adjourned until the 11th of December, 2023, by the court.
The applicant is seeking, according to court filings, “a declaration that the purportedly discharged Certificate No. A004523431 issued by the 6th Respondent to the 1st Respondent on February 28, 2023, is null and void, having been issued contrary to NYSC Act Cap N84, LFN 2004.
“A Declaration that the NYSC discharged certificate NO: A004523631 purported to be issued by the 6th Respondent and presented by the 1st Respondent to the 4th and 4th Respondents in satisfaction for confirmation as Minister of the Federal Republic of Nigeria is illegal, null, and void having not been issued in accordance with the NYSC Act Cap N84, LFN 2004.
“A Declaration that the purported screening and confirmation of the 1st Respondent by the 4th Respondents as and 5th Minister of the Federal Republic of Nigeria is unlawful, having contradicted S.66 () and S.147(5) of the 1999 Constitution, Federal Republic of Nigeria as amended.
“A Declaration that the appointment and the purported inauguration or swearing in into office of the 1st Respondent as Minister of the Federal Republic of Nigeria by the 2nd Respondent are unlawful.”
According to the document, Justice Nwite issued the following order:
“1. That an order of this Honourable Court is hereby made granting leave to the applicant to apply for judicial review in accordance with the terms and on the grounds set out in the statement filed herein.
“2. That an order of this Honourable Court is hereby made granting leave to the Applicant to apply for an order of prohibition against the Respondents from further giving effect, recognition, and validity whatsoever to the nomination, appointment, confirmation, and swearing-in of the 1st Respondent as a Minister, Federal Republic of Nigeria, having not fulfilled the requirements and the conditions precedent under the low to his nomination, appointment, and confirmation.
“3. That an order of this Honourable Court is hereby made directing the 4th and 5th Respondents to bring their findings, reviews, and proceedings dated the 7th day of August 2023 for quash wherein the 1st Respondent was screened and confirmed as a Minister, Federal Republic of Nigeria.
“4. That the Honourable Court hereby declares that the 1st Respondent fails to fulfill the conditions precedent under the NYSC Act, Cap. N84, LFN 2004 for the issuance of a certificate of discharge or exemption.”
“5. That the Honourable Court hereby declares that the purportedly discharged Certificate No. A004523631 issued by the 6th Respondent to the 1st Respondent on February 28, 2023, is null and void, having been issued contrary to NYSC Act Cap N84, LFN 2004.
“6. That the Honourable Court hereby declares that the NYSC discharged certificate NO: A004523631 purported to be issued by the 6th Respondent and presented by the 1st Respondent to the 4th and 5th Respondents in satisfaction for confirmation as Minister of the Federal Republic of Nigeria is illegal, null, and void having not been issued in accordance with the NYSC Act Cap N84, LFN 2004.
“7. That the Honourable Court hereby declares that the purported screening and confirmation of the 1st Respondent by the 4th and 5th Respondents as a Minister of the Federal Republic of Nigeria is unlawful, having contradicted S.66(i) and S.147(5) of the 1999 Constitution, Federal Republic of Nigeria as amended.
“8. That the Honourable Court hereby declares that the appointment and the purported inauguration or swearing-in into office of the 1st Respondent as Minister of the Federal Republic of Nigeria by the 2nd Respondent are unlawful, being contrary to S.66(i) and S.147(5) of the 1999 Constitution as amended.
“9. That an Order of this Honourable Court is hereby made voiding the discharged Certificate No. A0045223631 purportedly issued by the 6th Respondent to the 1st Respondent being in contravention of the NYSC Act, Cap. N84, LFN 2004.
“10. That an Order of this Honourable Court is hereby made voiding the screening and confirmation of the 1st Respondent as a Minister of the Federal Republic of Nigeria by the 4th and 5th Respondents.
“11. That an Order of this Honourable Court is hereby made setting aside the purported or proposed swearing-in of the 1st Respondent as Minister of the Federal Republic of Nigeria by the 2nd Respondent.
“12. That an Order of Injunction is hereby made restraining the Respondents, their privies, or any order persons or bodies receiving orders from them from recognizing or giving effect to the appointment and confirmation of the 1st Respondent as Minister of the Federal Republic of Nigeria pending the determination of the substantive matter.
“13. That this case is adjourned to the 11th day of December, 2023, for hearing. ISSUED AT ABUJA under the Seal of the Court and the Hand of the Presiding Judge, this day of November, 2023.”
