The law is the law is the law.
No exception should be made outside lawful and reasonable interpretation of the law by a competent authority. The NYSC Act is clear in its prescription that every Nigerian, that graduates college before the age of thirty years must serve for one year, in the NYSC program, in a state in Nigeria other than their state of origin. This law like all "good" laws is however not cast in stone. We know that some married women, and women with youg children for example, have served and continue to serve in their states of origin.
How may the provisions of the NYSC Act be interpreted for Nigerians that graduate college outside Nigeria ("foreign corpers")? A strict constructionist interpretation would be that it does not matter where the graduate went to college. This would mean that if the Nigerian graduated college overseas, before they are thirty years old, they must serve in the program on their return to Nigeria. A liberal interpretation would be that Nigerian college graduates who studied abroad be exempt from service if they are over thirty years old at the time they return to Nigeria.
A possible problem with the strict constructionist interpretation would be what happens if a Nigerian graduates college before they were thirty years old but return to Nigeria aged over thirty years? Should this Nigeria be legally subject to participation in the NYSC program? It is not clear what Diezani Allison-Madueke's situation was at the time she graduated college in the United States.
Commentators are advised to be slow to anger and fury on her case until more verifiable information is available. One suspects though that Anglo-Dutch Shell in Nigeria would be unlikely to hire her if she was not eligible for employment for the reason of non-participation in the NYSC program. The company would be breaking the law if it hired her knowingly.
oa
From: NigerianID@yahoogroups.com [NigerianID@yahoogroups.com] On Behalf Of Ete C. Ikpatt [cikpatt@yahoo.com]
Sent: Monday, June 27, 2011 10:33 AM
To: OlaKassimMD@aol.com; dandalin-siyasa@yahoogroups.com; nigerianid@yahoogroups.com; NaijaPolitics@yahoogroups.com; NIgerianWorldForum@yahoogroups.com; topcrestt@yahoo.com
Subject: Re: NigerianID | Diezani Allison Madueke skipped NYSC
Doc. Kassim:
I can't believe you wrote below in support of Ms. Allison-Madueke having skipped NYSC. Please, read the NYSC Act (or whatever it is called) and come back to tell us what the law says.
Lets hope that sleeping dogs will lie, but don't present an outrageous defense for anybody that breaks the rules.
My opinion is that if Ms. Deazani Allison-Madueke broke any part of the law, she should not serve as Minister of the Federal Republic or should present a waiver to excuse her skipping the national service. I am considering sending a note to my Hon. Sen. Ita Enang who, himself, served in the NYSC and did not cheat or shunt the process.
Clement Ikpatt
From: "OlaKassimMD@aol.com" <OlaKassimMD@aol.com>
To: dandalin-siyasa@yahoogroups.com; nigerianid@yahoogroups.com; NaijaPolitics@yahoogroups.com; NIgerianWorldForum@yahoogroups.com; topcrestt@yahoo.com
Sent: Monday, June 27, 2011 10:10 AM
Subject: NigerianID | Diezani Allison Madueke skipped NYSC
To: dandalin-siyasa@yahoogroups.com; nigerianid@yahoogroups.com; NaijaPolitics@yahoogroups.com; NIgerianWorldForum@yahoogroups.com; topcrestt@yahoo.com
Sent: Monday, June 27, 2011 10:10 AM
Subject: NigerianID | Diezani Allison Madueke skipped NYSC
Dear All:
The matter of Ms Alisson-Madueke's skipping of the NYSC is a tempest
in a tea pot.
The main purpose of the NYSC is service to Nigeria in a location that is
different from one's state of birth.
I would like to submit that after having served as a federal minister in at least
two different portfolios that Ms Allison-Madueke has effectively satisfied the
condition of service to motherland, Nigeria at a location that is far removed from her
from her place of birth or origin--i.e.Abuja.
Her NYSC supervisors could be deemed to be Presidents Yar'adua and Jonathan
who appointed her to the ministerial positions.
The only part of the NYSC programme she would in effect have not completed is the
mandatory one month long boot camp.
Ms Allison-Madueke could be posted to any region of Nigeria to serve the one month
boot camp with new NYSC recruit.
Considering my penchant for fairness in all matters, --ikn trhis case both to Ms Allison Madueke
and the Nigerian state, I would also like
to propose that she refunds the difference between her first year's salary as Minister and the
allowances she would have received as a Youth Corp member.
If this prposal is accepted by all concerned, Ms Allison-Madueke would have been spared the
indignity of a jail term for having commited the criminal offence as ssome are claiming of
skipping her NYSC duties. The Nigerian state and all Nigerians would have received one year
of NYSC service from Ms Allison-Madueke.
Ms Madueke could be posted to Aiyepe, Ogun state where she could use are architectural
skills to evaluate and propose to the residents and all indigenes about how we could preserve
our heritage buildings--most of whic are now in decrepit state. She could also be employed as a lecturer
our heritage buildings--most of whic are now in decrepit state. She could also be employed as a lecturer
at the local campus of the Ago Iwoye Polytechnic Institute which is located in the town.
Case closed!
Bye,
Ola
---- Original Message ---- From: Dominic Ogbonna <enyimocha@gmail.com> To: NaijaPolitics@yahoogroups.com Cc: NaijaObserver@yahoogroups.com; NIgerianWorldForum@yahoogroups.com; topcrestt@yahoo.com; Dandalin Siyasa <dandalin-siyasa@yahoogroups.com> Sent: Mon, Jun 27, 2011 10:15 am Subject: [dandalin-siyasa] Re: [NaijaPolitics] Diezani Allison Madueke skipped NYSC
"Interesting discussion... she returned to Nigeria in 1993, at age 32 --which means she's reached the exemption age." -Ohima Oliha Ohima: No, the "exemption age" is only with regards to date AT graduation, not date of actual service. (a.) If you are more than 30 on the day you graduate, you are exempted from serving. (b.) If you are 30 yes or less on the day you graduate, you must eventually show up for NYSC, even if you do so at age 40, when you return to Nigeria, or at age 70, after you are finally released from prison because of the manslaughter you committed at your graduation party. Summary: there is age at graduation, and there is age at service: the age exemption only applies to age at graduation. Dominic On Mon, Jun 27, 2011 at 8:54 AM, Ohima Oliha <obatopaye@yahoo.com> wrote:
Interesting discussion... she returned to Nigeria in 1993, at age 32 --which means she's reached the exemption age.
Ohima Agans-Oliha
--- On Mon, 6/27/11, topcrest topcrest <topcrestt@yahoo.com> wrote: From: topcrest topcrest <topcrestt@yahoo.com> To: NaijaPolitics@yahoogroups.com, NaijaObserver@yahoogroups.com, NIgerianWorldForum@yahoogroups.com
Diezani Allison –Madueke did not participate in the mandatory national assignment Photo/NAN.Diezani Allison Madueke skipped NYSC
print email If President Goodluck Jonathan proceeds to nominate former petroleum minister, Diezani Allison-Madueke, to his incoming cabinet, one question she might answer during her confirmation hearing is why she failed to sign up for the compulsory National Youth Service Corps (NYSC) programme after her graduation from the university.Under Nigerian law, fresh graduates under the age of 30 must sign up for a year of national service in a part of the country different from their places of origin. The service year serves as a demonstration of patriotism to the Nigerian state. No one who skipped the compulsory national service, barring any exception, clearly stated in the law, may receive employment in Nigeria.Mrs Allison-Madueke graduated in 1987 at the age of 27, with a degree in Architecture from Howard University in the United States. Since then, she has worked in the US and Nigeria, refusing to give a year of her working life to the Nigerian state as required of all graduate citizens. There is also no indication that Mrs Allison-Madueke got an exemption from the programme.With speculations making the round that she might be returning to her former job in President Jonathan's defunct cabinet, activists and lawyers are insisting that Mrs Alison-Madueke, had, by her action, contravened some provisions of the NYSC decree and had committed a criminal offense which could earn her a year in jail, a fine, or both. They are also contending that with her unpatriotic conduct, she has no moral right to occupy any public office in Nigeria or be cabinet minister."In my view, such a person is not legally and morally worthy to be appointed a minister of the Federal Republic of Nigeria," Bamidele Aturu, a Lagos based human rights attorney said."I recommend to the Senate not to clear any nominee for ministerial appointment, who has skipped the NYSC, bearing in mind that ministers should stand on a higher moral ground and be above board," added Carol Ajie, an Abuja-based lawyer.Olorunimbe Mamora, a senator, who represented Lagos East Senatorial District in the last National Assembly, admitted that previous senate endorsement of Mrs Allison-Madueke's appointment would be a grave error if it was eventually established that she indeed skipped her national service."It probably happened in error. The senate would not deliberately take an action that is not in tandem with the constitution or that is wrong in the process of the confirmation hearing," Mr Mamora said in a telephone interview. He wondered why security checks routinely done on all nominees for top political offices failed to reveal that the former minister did not carry out her national service.The minister did not serveUpon graduating from Howard in 1987, Mrs Allison-Madueke took up employment in a couple of American construction firms. She returned to Nigeria in 1993 but there are no records that the former minister, who has so far served in three different ministerial portfolios, signed up for the national service. On her return, Mrs Allison-Madueke joined Shell Petroleum from where she resigned in 2007 to take up her first political appointment as minister for transportation.Mrs Allison-Madueke did not respond to phone calls or text messages seeking her comment for this story.A criminal offenceAccording to Section 13 of the NYSC decree, Mrs Alison-Madueke has committed a criminal act."(A person) who refuses to make himself available for service in the service corps continuously for the period specified in subsection (2) of this section, is guilty of an offence and liable on conviction to a fine of N2,OOO or to imprisonment for a term of 12 months or to both," the Act states.Spokesperson to the NYSC, who simply identified herself as Mrs Ani, directed enquiries on the matter at the Corp's director general, Maharazu Tsiga, who could not be reached for comments.But she explained that the youth service was compulsory for all graduates below 30 years of age, adding that the federal government has to take the lead role in prosecuting defaulters."If they are Nigerian graduates, then it is compulsory for them to serve provided they graduated before the age of 30. Why don't you talk to my DG," Mrs Ani said.Saying the state should prosecute the former minister; Mr Aturu argued that President Jonathan is responsible for his nominations."The problem now is with the president who appointed the person. Who do you blame? It is the person who appointed him/her. Should you appoint a person who has committed a criminal offense?" Mr Aturu asked.
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