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.
