Graduate sues NYSC over non-mobilisation for national service

Lagos – A university graduate, Terna Tarka,
on Tuesday filed a suit at a Federal High
Court, Lagos, challenging alleged denial of
mobilisation for national service by the
National Youth Service Corps (NYSC).
Tarka, through his counsel, Mr Adekunle
Oyesanya (SAN), is praying the court for a
declaration that the act of the defendant
(NYSC) is unlawful, ultra vires and a
violation of the NYSC Act, Cap. 84, Laws of
the Federation.
The plaintiff is also claiming N5 million as
exemplary damages for alleged “oppressive
and unwarranted act’’.
File photo: The NYSC Batch ‘B’ Corps
Members At Their Passing -Out Parade At
Murtala Muhammed Square, Kaduna on
Thursday. Photo by Olu Ajayi
Joined as second and third defendants in
the suit are the Chairman, NYSC Board and
the Minister of Education.
At the hearing of the case on Tuesday,
counsel to the defendants, Mr Peter Owuru,
informed the court that he had “front
loaded’’ his written addresses to ensure
speedy hearing of the suit.
In his response, Oyesanya, challenged the
submission of defence counsel, saying
written addresses are unnecessary.
In a short ruling, Justice Mohammed Idris,
adjourned the case to Oct. 22 for hearing.
The plaintiff, in his originating summons,
had prayed the court to determine whether
the denial on account of his inability to
obtain five credits in his WASCE result
including Mathematics, was lawful.
In a 25-paragraph affidavit, the plaintiff
averred that he obtained two credits and
four passes in a WAEC-conducted
examination he wrote in Nigeria in 1999
before he proceeded to the United
Kingdom.
He said he eventually obtained a credit in
Mathematics at Irwin College, Leicester, UK,
and thereafter gained admission into
Greenwich School of Management,
Plymouth University, where he sat for an
‘access modules’ to enable him to qualify
for a degree programme.
The plaintiff averred that he graduated in
2011 with a Bachelor of Science degree
(second class upper division) in Business
Management and Information Technology.
“When I returned to Nigeria, I visited the
third defendant’s office where my results
were perused and I was informed that due
to my inability to secure five credits at O’
Level, particularly in Mathematics, I was not
eligible for registration into the NYSC
scheme.
“I was shocked at this development because
I knew that at the time I sat for the WAEC
exam (and even up till date), there was no
such regulation in the law setting up the
NYSC,” he said.
He, therefore, prayed the court to decide
whether the decision by the defendant to
deny him registration in Batch `A’ of the
NYSC scheme in March 2013 was lawful and
in accordance with the provisions of the
NYSC Act.
The defendants in their counter-affidavit,
however, said that only the National
Universities Commission (NUC) and the
Joint Admission and Matriculations Board
(JAMB) could determine the overseas
equivalent for academic qualification in
Nigeria.(NAN