Legal Tussle to Scrap NYSC Begins
By Tunde Sanni

13 May 2011


Should young Nigerian graduates be forced to embark on national service and to places against their choice? That is the subject of a suit, believed to be the first of its kind, that has been filed against the Federal Government in Ibadan, Oyo State.

The National Youth Service Corps (NYSC) was set up by the military government in 1973 to foster national unity but recent tragic events have led to calls for its abrogation, with many critics arguing that is has outlived is purpose.

An Ibadan-based attorney, Oluwole Aluko, has dragged Jonathan and the Attorney General of the Federation to court, seeking abrogation of the decree setting up the scheme.

In the suit number FCH/IB/CS/35/2011, Aluko is claiming that the NYSC Decree of 1973 is a contravention of the provision of the 1999 Nigeria Constitution, the African Charter on Human and Peoples Rights and the United Nation Universal Declaration on Human Rights and therefore null and void.

He raised following questions of law for the court’s determination:

•Whether the National Youth Service Corps Decree of 1973 by which every Nigerian below the age of 30 years who has completed his first degree at any University in Nigeria is liable to be called upon to serve in the service corps for a continuous period of one year is inconsistent with section 34(1) (a) (b) and (c) of the 1999 Nigerian Constitution that confers on every citizen right to personal dignity and freedom from inhuman and degrading treatment, slavery or servitude and freedom from performing forced or compulsory labour.

•Whether the provision of section 34 (2) (e) (111) is applicable to the National Youth Service Corps having regard to the word “part of the education and training” in that section and having regard to the fact that the National Youth Service Corps is not an educational institution.

•Whether the National Youth Service Corps Decree of 1973 by which every Nigerian below the age of 30 years that has completed his first degree at any University in Nigeria is liable to be called upon to serve in the service corps without guarantee for safety of life of the corps members where they serve is inconsistent with the provision of section 33 (1) of the 1999 Nigerian Constitution that guarantees the rights to life of every person.

•Whether the National Youth Service Corps Decree of 1973 by which every Nigerian below the age of 30 years that has completed the his first degree at any University in Nigeria is liable to be called to serve in the service corps without any liberty as to preference of place to serve is inconsistent with the provision of section 35 (1) of the 1999 Nigerian Constitution that confers right to personal liberty on individual.

•Whether the National Youth Service Corps scheme by which Nigerian Youths and Graduates below age 30 years are forced to take part in the National Youth Service Corps scheme is a violation of the African charter on Human and Peoples Rights and Universal Declaration of Human Rights by the United Nation Organization of which Nigeria is a signatory.

•Whether the provision of section 12 (1) of the National Youth Service Corps decree of 1973 by which there cannot be employment anywhere in the Federation for the any University graduate except on the production of the discharge certificate or exemption certificate issued by the Directorate of the National Youth Service Corps constitutes act of compulsion and if the answer is in the affirmative, whether the National Youth Service Corps Decree is invalid having regard to the provisions of sections 33, 34, 35 of the 1999 Nigerian constitution.

•Whether the violation of the provisions of the 1999 Nigerian Constitution confers right on any citizen of Nigeria to seek redress in court having regard to the provision of section 1 (1) and (3) of the 1999 Nigerian constitution that make the provisions of the constitution to be supreme and having binding force on all authorities and persons and any law that is inconsistent with it null and void.


http://www.thisdaylive.com/articles/legal-tussle-to-scrap-nysc-begins/91290/

Homeboy has a point but then again, getting drafted for war can be said to be against Human Rights.
The bottom line is that NYSC doesn't have enough pros to continue.