Court dismisses suit seeking disqualification of Hannatu Musawa as minister

The Abuja Division of the Federal High Court has dismissed a suit seeking to reverse President Bola Tinubu’s appointment of Hannatu Musawa as Minister of Art, Culture and Creative Economy.
Justice James Omotosho, in a judgment, held that the plaintiffs lacked locus standi (legal right) to institute the suit.
The judge also held that the suit lacked merit even though the plaintiffs had the legal right to file it.
On July 27, 2023, Mr Tinubu transmitted Musawa’s name, among the names of minister-designates, to the Senate for confirmation. The Senate screened Ms Musawa on August 1, 2023, and was sworn in as minister on August 21, 2023.
When the minister, who hails from Katsina, was appointed, she was said to be a National Youth Service Corps (NYSC) member. Against this backdrop, the Incorporated Trustees of Concerned Nigeria, Chief Dr Patrick Eholor and Thomas Marcus, who were the first and third plaintiffs, respectively, filed the suit.
In the suit marked FHC/ABJ/CS/1198/23, filed August 30, 2023, the plaintiffs sued Mr Tinubu, the attorney general of the federation, and Ms Musawa as the first and third defendants, respectively.
They prayed the court to determine whether, by provisions of Section 2(1) and (3) of the NYSC Act and Section 4(9) of the NYSC Bye-Laws (Revised 2011), Musawa, who was a corps member at the time, was not prohibited from becoming a federal minister, among other issues.
However, in a joint preliminary objection dated and filed February 15, the first and second defendants sought a dismissal of the suit for want of jurisdiction. They argued that her appointment was in accordance with extant laws, as she was duly nominated, screened by the Senate, and appointed by the president.
According to them, no law hinders the first defendant from appointing a person still serving as an NYSC member as a minister. They further argued that the only qualification is that of a person contesting for the post of a member of the House of Representatives.
They submitted that the NYSC certificate or completion of NYSC is not amongst the basic requirements for appointment as a minister, urging the court to dismiss the suit on the grounds that the plaintiffs are incompetent to institute this suit.
“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,” said the judge.
The judge said that based on Section 65 and subject to Section 66, a person shall be qualified for election as a member of the House of Representatives if he is a citizen of Nigeria and has attained the age of 30 years.
“In the final analysis, the plaintiffs lack locus standi to institute this action. Even where they are vested with locus standi, the suit lacks merit — same is hereby dismissed,” the judge declared.
(NAN)
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette

Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”

States
Audit stolen PVCs before Osun governorship poll, Yiaga Africa tells INEC
Yiaga Africa said the disruption of PVC distribution and theft of voting materials posed a direct risk to the voting rights of affected residents in the state.

States
NEMA, UNICEF strengthen emergency response in Gombe
NEMA and UNICEF strengthened emergency response through community engagement training in Gombe.

States
My statement was misinterpreted; I told APC supporters to kill Accord Party members with votes: Fadahunsi
Mr Fadahunsi said the viral video was deliberately edited to distort his statement.

Economy
TUC backs private sector equity in refineries, rejects outright sale
Mr Osifo said the government should reduce its equity to 49 per cent and allow credible private investors with technical expertise to hold the remaining 51 per cent.

Africa
Obasanjo urges Africa to develop its own democracy model
He said the democratic model adopted by African countries lacked sufficient African context and often failed to meet the continent’s needs.

Economy
Stock market reverses gains as investors lose N1.17 trillion amid sell-offs
Market capitalisation fell by 0.73 per cent from N160.421 trillion to N159.255 trillion, while the All-Share Index (ASI) shed 1,806.18 points to close at 246,723.57.






