NYSC SCHEME SAGA: COURT RULES IN FAVOUR OF GOVERNOR DAPO ABIODUN
The Counsel to Governor Dapo Abiodun, Mr Wale Abeeb Ajayi had prayed the court to dismiss the case against his client, as participation in the National Youth Service Corps(NYSC) scheme was never a disqualification factor in elections.
Penpushing also reports that, Justice M A Mohammed of Federal High court 5, Abuja while delivering judgment dismissed the 1st Defendant’s notice of preliminary objection and proceeded to deliver judgment on the substantive suit.
The judge also noted that the plaintiff – Anisulowo failed to establish that Abiodun presented false academic claims to the Independent National Electoral Commission (INEC), and held that the NYSC act does not make provision for the disqualification of a candidate who failed to participate in the NYSC scheme.
The judge pointed out that a candidate can only be disqualified under Section 177 of the Constitution, and subsequently dismissed the suit.
This case is the final of the series of pre-election matters filed against the governor in court as other cases have been similarly dismissed, and only on Monday, the Supreme Court had dismissed a similar case brought by Abdulrafiu Baruwa challenging the qualification of Dapo Abiodun on the ground of failure to disclose all his academic qualifications.
The apex court in the judgment held that the National Youth Service Act (NYSC) Act does not make provision for the disqualification of a candidate who failed to participate in the NYSC scheme.
The Court first dismissed the first defendant’s Notice of Preliminary Objections and proceeded to pronounce judgment on the substantive suit. It averred that a candidate can only be disqualified under Section 177 of the constitution, which states that “A person shall be qualified for election to the office of Governor of a State if: (a) he is a citizen of Nigeria by birth; (b) he has attained the age of thirty-five years; (c) he is a member of a political party and is sponsored by that political party; and (d) he has been educated up to at least School Certificate level or its equivalent.
Penpushing reports that, the Court ruled that, since Governor Dapo Abiodun has not breached any of these provisions, the Court said the suit lacked merit.