...Awards N150, 000 Against ApplicantsTHE Federal High Court Abuja Division, at the weekend dismissed a suit brought against the Minister of Petroleum Resources, Mrs. Diezani Allison-Madueke, which contested her eligibility for appointment into the Federal Cabinet by President Goodluck Ebele Jonathan.The suit challenging Mrs Allison-Maduekwe's eligibilty claimed she never participated in the mandatory one year national service post graduation.But in a ruling delivered on Friday, the Mr. Judge Gabriel Kolawole dismissed the suit in its entirety and awarded a sum of N150, 000 as costs against the plaintiffs in favour of Mrs. Allison-Madueke and the NYSC, first and sixth defendants in the suit.The court also awarded N75, 000 costs in favour of President Jonathan, the Federal Republic of Nigeria, and the Attorney General and Minister of Justice, who were the second, third and fourth defendants respectively.'The matter brought by the plaintiff via originating summons dated 28 June, 2011, be and is hereby dismissed and costs awarded the 1st and 6th defendants at N150, 000, and the 2nd to 4th defendants at N75, 000, to be paid on or before the expiration of 14 days. The entire suit is hereby dismissed with costs.'The Judge held that the conduct of the plaintiffs in filing the action a day before the Senate sitting for screening and confirmation of ministerial nominees and the publicity given to the matter, was at best an abuse of court process, which was improper. He observed that on the last date of adjournment, the plaintiffs had further asked for an adjournment and suddenly developed cold feet.In the suit No. FHC/ABJ/CS/614/2011, the plaintiffs, Messrs Makelemi Erhuvwurotu and Afri Network for Environmental and Economic Justice, a non-governmental organisation, had shortly before the screening of ministerial nominees forwarded to the Senate by President Jonathan, approached the court via an originating summons filed on June 28, 2011, in which they disputed the eligibility of Mrs. Allison-Madueke's nomination.The plaintiffs posed four questions for determination by the court, bordering on whether President Jonathan was entitled to employ the first defendant as a minister of the Federal Republic of Nigeria, without obtaining an NYSC certificate of service or a valid certificate of exemption; the validity of the certificate of exemption in her possession, and whether her securing employment in the private and public sectors in Nigeria without obtaining a valid certificate of exemption from national service as required by law, did not amount to the commission of a criminal offence under Section 13 of the NYSC Act.Specifically, the plaintiffs had sought seven reliefs of the court, including a declaration that the petroleum minister was not eligible for employment within the private or public sector in Nigeria until such a time that she undergoes the mandatory NYSC programme or secured a valid certificate of exemption from the service.Among other prayers, were an order of perpetual injunction restraining President Jonathan from employing Mrs. Allison-Madueke as a minister of the Federal Republic of Nigeria in breach of the provisions of section 12 [1] of the NYSC Act; an order of perpetual injunction restraining the Senate from confirming her nomination without obtaining her certificate of National Service or a valid exemption certificate, and an order setting aside or nullifying the certificate of exemption from service in her possession.In a 39-paragraph affidavit in support of the originating summons, the first plaintiff, Mr. Makelemi Erhuvwutotu averred that Mrs. Allison-Madueke committed a criminal offence contrary to Section 13 of the NYSC Act by failing to report for service or make herself available for service as required by law, having been born on December 6, 1960, attended the Howard University Washington DC, USA, between 1983 and 1987, where she graduated with a Bachelor of Architecture degree at the age of 27.He further stated among others, that the first defendant failed and refused to undergo the national service as stipulated by law and as such, was not issued with a certificate of national service or discharge certificate; that she was also not qualified for an exemption from the said national service as she was below the age of 30 years as at the date of her graduation from the university, and had not served in the armed forces of the federation or Nigeria police for any period, nor had she been conferred with any national honours as at 1987.Consequently, he averred that Mrs. Allison-Madueke was not in possession of a valid certificate of exemption from the NYSC and therefore, not qualified for employment in the public service as a minister of the Federal Republic of Nigeria. He pleaded with the court to hold same.However, Mrs. Allison-Madueke had through her counsel, Mr. Etigwe Uwa (SAN), urged the court to dismiss the suit with substantial costs, contending that the plaintiffs' case was hopelessly and irredeemably misconceived.She posited in a notice of preliminary objection filed on July 5, 2011, that besides the fact that the plaintiffs lacked the Locus to institute or maintain the action against the defendants, the suit was filed without compliance with the provisions of Section 20 of the NYSC Act, 1993, and that the suit was statute-barred as it was not filed within three months from the date her certificate of exemption was issued by the NYSC, in contravention of the provisions of Section 2 [a] of the Public Officers Protection Act, Cap P41, Laws of the Federation of Nigeria, 2004.
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