By INNOCENT ANABA

IBADAN – A Federal High Court in Ibadan, Oyo State, has dismissed the suit by an Ibadan-based lawyer, Oluwole Aluko, against the President and Attorney-General of the Federation seeking the invalidation of the National Youth Service Corps, NYSC, scheme.

Aluko had sought the scraping of the NYSC scheme, contending that NYSC Decree (now Act) amounts to servitude and forced labour; and is therefore inconsistent with the 1999 Constitution

According to him, the NYSC Act is inferior to the African Charter on Human and People’s Rights, and ought to be abolished.

Trial judge, Justice Jonathan Shakarho in his judgment, upheld the arguments of President Jonathan and the Attorney-General of the Federation, canvassed through their counsel, Fabian Ajogwu, SAN, to dismiss the suit on the ground that the plaintiff failed to comply with the NYSC Act, which requires anyone who is aggrieved by the scheme or anything done under it to first appeal to the Presidency before any action can be commenced in any Court of law in Nigeria.

The defendants, who questioned the locus standi of the plaintiff to institute the suit, had

Argued that contrary to Order 3 Rule 6 of the Federal High Court (Civil Procedure) Rules 2009, the plaintiff’s originating summons did not contain any reliefs/declaration being sought and that the NYSC is a training scheme with the objective of training youths of Nigeria to imbibe discipline, high

morality, self-reliance and patriotism and to promote national unity and integration.

The defendants argued that such training was excluded from the definition of forced and compulsory labour under the Constitution of the Federal Republic of Nigeria.

According to them, the NYSC Decree (now Act) is an existing law entrenched in the Constitution and not inconsistent with the provisions of the 1999 Constitution.

Defendants other grounds for opposing the suit include “there is no cause of action against the President and Attorney-General as the National Youth Service Corps Decree (now Act), an existing law entrenched in the Constitution and not inconsistent with the provisions of the 1999 Constitution or any other Statutes;

“ Any changes on the NYSC Act goes beyond the scope of the Federal Government and extends to the State Governments of all the States of the Federation as provided under section 9 of the Constitution of the Federal Republic of Nigeria 1999.

“The Originating Process filed in the suit does not have the endorsement that it would be served out of Ibadan and in the FCT, Abuja as required by sections 97 and 98 of the Sheriffs and Civil Process Act.