Court Upholds Hannatu Musawa’s Appointment as Minister; Dismisses Suit

A Federal High Court in Abuja has dismissed a lawsuit seeking to reverse the appointment of Hannatu Musawa as Nigeria’s Minister of Art, Culture, and Creative Economy. The lawsuit, filed against President Bola Tinubu’s decision to appoint Musawa, was dismissed on grounds that the plaintiffs lacked the necessary legal standing (locus standi).

In his ruling, Justice James Omotosho noted that even if the plaintiffs had the right to file the suit, it would still lack merit. The plaintiffs, the Incorporated Trustees of Concerned Nigeria, Chief Dr. Patrick Eholor, and Thomas Marcus, had challenged Musawa’s appointment on the grounds that she was a serving National Youth Service Corps (NYSC) member at the time of her appointment.

The suit, filed on August 30, 2023, named President Tinubu, the Attorney-General of the Federation (AGF), and Musawa as the first to third defendants. The plaintiffs argued that, according to the NYSC Act and its 2011 Bye-Laws, a corps member could not serve as a federal minister.

However, the court found that Musawa’s appointment complied with existing laws. Justice Omotosho pointed out that to be eligible for appointment as a federal minister, one must meet the requirements outlined in Section 147(5) of the 1999 Constitution, which does not prohibit serving corps members from ministerial roles.

Musawa, a lawyer and former Presidential Adviser on Culture and Entertainment Economy, was nominated by President Tinubu on July 27, 2023, screened by the Senate on August 1, 2023, and sworn in as a minister on August 21, 2023. The court’s ruling emphasizes that her appointment process adhered to the Constitution’s requirements.

Justice Omotosho’s judgment reiterated that being a serving NYSC member is not a valid reason to disqualify someone from ministerial office, adding that the primary requirement for the position is secondary school-level education. This ruling solidifies Musawa’s position as Minister of Art, Culture, and Creative Economy and dismisses the plaintiffs’ attempts to challenge her appointment.