Corps member didn’t violate NYSC bye-law – Lawyer, Idam

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Activist lawyer Maduabuchi Idam has stated that the bye-laws of the National Youth Service Corps (NYSC) do not prevent Corps members from expressing their grievances about the Nigerian government, especially in light of the current economic challenges.

Idam emphasized that Corps member Ushie Uguamaye, also known as Raye, did not violate any NYSC rules when she criticized President Bola Tinubu’s administration.

Over the weekend, Raye posted a video on her TikTok account, #talktoraye, where she shared her frustration with Nigeria’s worsening economic situation, blaming President Tinubu for the difficulties. She also referred to the president as a “terrible leader.”

In another viral video, Raye claimed that NYSC officials were threatening her after her public statements.

As a result of her remarks, Raye was called to meet with her Local Government Inspector (LGI) on Monday for questioning.

Raye, who has received support from various political figures, was accompanied to the meeting by Sowore and several legal professionals.

Reacting, Idam ia statement he signed, said: “Whether there exists a provision of NYSC By-Law that prohibits criticism against the federal government from a corps member and whether such a law is consistent with the Constitution of the Federal Republic of Nigeria.

“A female Corps member is trending on X for describing President Tinubu as a ‘Terrible President’

“In my opinion, she has not lied about that and hasn’t said anything different from what many Nigerians who are dissatisfied with the government have said either in public or in private, as a result of frustration. Understandably, the reason she is trending for saying the obvious remains that she is currently an employee of the Federal Government of Nigeria (a Youth Corper).

“On its part, the NYSC has quickly reacted by reminding her that its By-Law does not permit criticism against the Federal Government by Corps members. She has also been directed to report to her place of Primary Assignment (PPA). Perhaps for disciplinary actions. This reaction has fueled the already heated controversy surrounding her statement, on the social media.

“I have gleaned through the said By-law and I failed to see any provision that prohibits a Corps member from expressing her ‘reality’ or speaking out against the government’. Nevertheless, I shall reproduce the nearest provision I came across relating to free speech. Same is contained in section 18, which provides as follows: Any member who addresses the press on any policy issue without the written consent of the State Coordinator shall be tried by the Camp Court and, if found guilty, be liable to extension of service for thirty (30) days on half pay.

“I’m not sure the above provision is applicable to a corps member who did not address the press on policy issues but merely used social media to express her frustration.

“I know as a fact that , in similar condition as the Corps member, even the DG of NYSC, would make similar remarks or even more except he chooses dishonesty. Nevertheless, I will refrain from being emotional here, but shall proceed to address the issue in view.

“Curiously, I seek answers to the following questions: would NYSC By-law survive an action against it, if its provisions especially one prohibiting criticism against the Federal Government ( if any) by a Corps member is challenged in court?

“In attempting to answer the question, I shall consider the provisions of the Constitution of the Federal Republic of Nigeria, 1999 which guarantees Freedom of Speech and the right to hold any opinion by any Nigerian. The said Constitution under Section 39 provides thus: ‘Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impact ideas and information without interference’.

“Nevertheless, Section 1(1) and Section 1(3) of the Constitution made its provisions superior to every other Laws in Nigeria including the NYSC By-law when it provides in Section 1 (1), that This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria. Furhermore, section 1 ( 3) of the constitution also strengthens the supremacy of the Constitution when it provides that, If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.

“In light of the above provisions, it is my view that NYSC By-law is nowhere in rank to the provision of the Constitution of the Federal Republic of Nigeria 1999 which has ultimately secure the fundamental human rights of every Nigerian which includes but not limited to the rights to freedom of speech.

“Amplifying the above position in a similar matter where an Act of the National Assembly which ran contrary to the constitutional provision of freedom of Speech was interpreted by the Court of Appeal in the case of Inspector – General of Police V.

ANPP (007) 18 NWLR (Pt. 1066) 457 at 498-499, per Adekeye, JCA (as he then was) , the Appeal Court declared as void and contrary to the fundamental rights to freedom of expression and association under Sections 39 and 40 of the Constitution, the provisions of the Public Order Act which provided to the effect that a permit must be obtained from the Governor before people could assemble in public and express their opinions… The learned justice of the Court of Appeal relied on the Supreme Court authorities of A.G., Federation v. Abubakar [2007] 10 NWLR (Pt. 1041) 1 at 92-93 and Osadebey V. A.G Bendel State (1991) SCNJ 102 at 218, to arive at the above decision.

“The position has not changed, that the provisions of the Constitution remains superior to any law including but not limited to the NYSC by-law.

“While I strongly insist that no part of the NYSC By- law has been violated by the Corps member, I daresay that assuming any portion or provision dealing against free speech was violated, such portion or provision would hardly stand the Supreme provisions of the Constitution of the Federal Republic of Nigeria 1999(as Amended).”

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