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The plaintiffs have also requested the court to determine whether the qualifications for a member of the House of Representatives are the same as those required for the appointment of the 3rd defendant (Musawa) as a minister, as stated in the provisions of the 1999 Constitution (as amended).
They requested the court to determine whether, according to Section 2(1) and (3) of the NYSC Act and Section 4(9) of theNYSCBye-Laws (Revised 2011), Musawa, who was a corps member at the time, was prohibited from becoming a federal minister.
In the judgment delivered on Tuesday by Justice Omotosho and the certified true copy of it sighted on Thursday, the judge agreed that for a person to be qualified for appointment as a minister, he must fulfil the conditions in Section 147 (5) of the 1999 Constitution.
According to their argument, there is no legal impediment preventing the 1st defendant from appointing an individual who is still serving as a member of the NYSC as a minister.
“The constitution has made it crystal clear the qualifications and grounds for disqualification as a minister and being a serving corp member is not one of such grounds.
According to him, Section 147 (5) says no person shall 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.
Upon a favourable resolution of these questions, the plaintiffs have sought an order to nullify the initial recommendation, resolution, appointment, and swearing-in of Musawa as a minister.
“It is clear from the above that the qualification for being a member of the House of Representatives will guide the qualification for being a minister of the Federal Republic of Nigeria,”he said.
Furthermore, they have requested a mandatory injunction to invalidate any official actions carried out by her in any official capacity from the moment of her swearing-in as a minister until the final conclusion of the lawsuit.
“In fact, a person who wants to be appointed a minister only needs to show that he has been educated up to secondary school level..
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