Opinion: Why NYSC has no legal grounds to sanction Ushie Rita Uguamaye

Editor's note: In this piece, Human Rights Lawyer Chizelu Emejulu argues that the NYSC has nary ineligible grounds to sanction Ushie Rita Uguamaye for criticising Nigeria’s economy. He asserts that non-partisan commentary is not governmental participation.

Does the National Youth Service Corps (NYSC) person the ineligible grounds to authorisation a corps subordinate who publically expressed her vexation astir the Nigerian system and the President’s evident incompetent handling of said economy?

NYSC’s regularisation connected governmental code is nether scrutiny aft a corps member’s economical disapproval sparked ineligible debate. Photo credit: @ojire84998, @Efioltaznyok, @SunnyEjeje
Source: Twitter

Ushie Rita Uguamaye, a serving NYSC corps member, has criticised President Tinubu’s medication for the harsh economical realities Nigerians are presently facing. She went up to authorities however the atrocious system presently affects her.

To reply the question I raised, fto maine commencement by stating that determination is an extant NYSC regularisation which prohibits corps members from making governmental comments. The prohibition is made successful conception 4(9) of the NYSC Bye-Laws (Revised 2011).

Section 4(9) provides that corps members shall not enactment successful partisan politics during their work twelvemonth and that immoderate corps subordinate who does truthful is liable to an hold of their work for a play not little than 3 months without pay.

Having identified the applicable instrumentality to the archetypal question, it is clip to inquire 2 further and precise salient questions arsenic follows:

1. Does Section 4(9) of the NYSC Bye-Laws use to an NYSC corps subordinate who made a just remark astir the Nigerian system and the President’s handling of same? In different words, does making a nationalist and just remark astir the disastrous authorities of the Nigerian economy, without more, magnitude to information successful partisan politics?

2. ⁠If the reply to the supra question is yes, the adjacent question is whether the said conception is reasonably justifiable successful a antiauthoritarian society.

The regularisation against corps members participating successful partisan authorities aims to support the governmental neutrality of the NYSC programme, which was established to beforehand nationalist unity and integration. It besides aims astatine protecting corps members from governmental victimization oregon exploitation, particularly successful a polarized governmental situation similar Nigeria. Additionally, it preserves the credibility of the NYSC scheme, ensuring it is seen arsenic a non-partisan, nation-building institution.

The programme does not question to make intellectually indolent graduates who person mislaid their cardinal quality rights by crushed of being corps members. The conception oregon immoderate proviso of the bye-law does not accidental corps members person mislaid their close to explicit themselves done making just comments publically astir the atrocious authorities of the system that is ruining their young lives.

Be that arsenic it may, a partisan is simply a committed subordinate of a governmental party. In multi-party systems, the word is utilized for persons who powerfully enactment their party’s policies and are reluctant to compromise with governmental opponents. Therefore, making a nationalist and just remark astir the mediocre authorities of our economy, without more, cannot successful immoderate way, signifier oregon signifier beryllium construed arsenic information successful partisan politics.

Lawyer Emejulu argues NYSC's regularisation connected governmental code is excessively wide and unconstitutional. Photo credit: @NarativeHok, @PEC_Concepts
Source: Twitter

Even if, for the involvement of argument, conception 4(9) is interpreted successful specified a mode that it applies to Rita, (which is not conceded), that mentation is successful information excessively wide for prohibiting ALL governmental commentary, including non-partisan, constructive disapproval particularly erstwhile her comments were made extracurricular her authoritative NYSC duties.

Under Section 39 of the 1999 Constitution of Nigeria (as amended), each idiosyncratic has the close to state of expression, including the state to clasp opinions and person and impart ideas and accusation without interference.

This close is, however, not absolute. Section 45(1) of the Constitution allows for restrictions connected cardinal rights if they are reasonably justifiable successful a antiauthoritarian nine connected the grounds of:

• Public defence, nationalist safety, nationalist order, nationalist morality, oregon nationalist health; or • Protecting the rights and freedoms of others.

To reply each the questions I raised earlier, I would accidental that prohibiting corps members from engaging successful partisan authorities whitethorn beryllium reasonably justifiable successful a antiauthoritarian nine to support the neutrality of the NYSC scheme. However, prohibiting each governmental comments oregon criticisms, erstwhile they are intelligibly non-partisan oregon aimed astatine promoting bully governance, is unacceptable arsenic the aforesaid could beryllium seen arsenic excessively wide and restrictive. Such a broad prohibition is simply a usurpation of the close to state of expression, particularly wherever it silences corps members from expressing opinions arsenic backstage citizens alternatively than arsenic representatives of the NYSC.

If the applicability of conception 4(9) connected Rita who made nationalist comments astir the system successful her capableness arsenic a backstage idiosyncratic is challenged successful court, the tribunal would apt analyse the pursuing points, amongst different points: • Whether the regularisation is intelligibly defined and not overly broad, • Whether the regularisation serves a morganatic intent successful a antiauthoritarian society, • Whether conception 4(9) is the slightest restrictive means of achieving that purpose.

In the last analysis, the NYSC has no ineligible grounds upon which they can authorisation Rita for the comments she made. To the grade to which it could beryllium argued that Section 4(9) prohibits corps members from making just comments astir however the Nigerian system personally affects them and however the President’s evident incompetence has led to specified a atrocious condition, that conception is not justifiable successful a antiauthoritarian nine and truthful has to beryllium nullified by a tribunal of competent jurisdiction.

Disclaimer: The views and opinions expressed present are those of the writer and bash not needfully bespeak the authoritative argumentation oregon presumption of Legit.ng.

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Source: Legit.ng