THE POWER TO COMPULSORILY MOBILIZE CORPS MEMBERS FOR MILITARY SERVICE, FACT OR FICTION? BY: E. U. AKPANUKOH ESQ*.

One of my favorite lecturers in the faculty of law, university of Calabar, Calabar is credited with having said that Nigeria is a theatre of the absurd. So when news came that the Director General of the National Youth Service Corps, Brig. Gen Shuaibu Ibrahim had stated that Corps members are part of the national defense policy of Nigeria and can be mobilized for war if needed, read more about it here, Nigerians greeted it with memes, mockery and sheer disbelief.  See the different reactions here. Trust Nigerians to lash out, and great was the lash out that a spokesperson of the NYSC has since made attempts at clearing the air, emphasizing that the director general never meant the statement the way Nigerans have perceived it. Details here. A simple google search will give you video results of that interview with Channels TV. Therefore, I’ll  leave the issue of understanding what he said to your good judgement. For emphasis, what he said, how he said it or what he meant by what he said is none of my concern. So, what is my concern? You ask, so I will tell you. Like you may have known, every human endeavor is governed by law and that includes the National Youth Service Corps scheme and the issue of compulsory military service. It is the aim of this write up to scrutinize the available legal instruments in Nigeria to the end of determining the legality or illegality of compulsory mobilization of Corps members for military service in times of war. 

I would have loved to define some terms like “Forced Labor”, “compulsory military service” or explain the NYSC scheme, but I take it for granted that you already have a fair idea what these issues are about. So, let us move straight to the provisions of section 34 of the 1999 constitution on the right to dignity of the human person. Amongst other provisos, it is the law here that every individual is entitled to respect for the dignity of his person and accordingly “no person shall be required to perform forced or compulsory labor”. “So is the NYSC scheme not a forced labor scheme then?” You ask. And the answer is that subsection 2 of the above mentioned section prescribes exceptions including but not limited to the the fact that; “such compulsory national service which forms part of the education and training of citizens of Nigeria as may be prescribed by an Act of the National Assembly” cannot be described as “forced” or “Compulsory labor”. Therefore, the NYSC scheme is legal as it is not within the boundaries of compulsory or forced labor.

To further interrogate the matter, we have to take a look at the National Youth Service Corps Act to ascertain the extent to which the constitutionally guaranteed powers of the directors of the National Youth Service Corps scheme goes as regards the management of Corps members mobilized under the scheme. Section 9 is very instructive on the placing of the service Corps. Subsection 2 of section 9 provides that “the directorate shall register each member of the service corps and shall deploy him (them) for national service in the following undertakings and projects, that is in (a) agriculture (b) road construction (c) farming… and (n) such other undertakings and projects as the president may, by order determine”. See.  The power in (n) above is unequivocal and I dare say confers on the president the power of compulsory mobilization of Corps members for military service at any time he deems necessary. Make no mistake about it, the main cloak protecting citizens against being compulsorily drafted into the military is the constitutionally guaranteed right to dignity of the human person which prohibits compulsory labor. As we have seen, that right has exceptions, chief amongst them being any such compulsory national service which forms part of the education and training of citizens of Nigeria as may be prescribed by an Act of the National Assembly, in comes the NYSC Act which was created by the National Assembly and it intentionally or inadvertently bestows the power on the president to deploy Corps members to any such undertakings and projects as he determines, which may or may not refer to compulsory mobilization for military service (emphasis mine).  Meanwhile, forced or compulsory labor under the CFRN does not include “any such compulsory national service in the armed forces of the federation as may be prescribed by an Act of the national Assembly”. See. Yes, you read that correctly. The national assembly has the power to make laws that legalize compulsory military service. You and I know how easy it could be for the Nigerian government to push for and get an Act if they really want it. You should also be aware of the position of Section 34 (2)(a) of the CFRN which provides that Forced or compulsory labor does not include “any labor required in consequence of the sentence or order of court”. Granted that a sentence of a court can only be gotten after a criminal trial, can we say same of an order of court? Does that mean that any order of court (possibly gotten ex parte), can be used to legalize forced labor or compulsory military service? This again is open to legal interrogation.     

Be that as it may, I did not write this so you will get scared. As we stand today, a spokesperson of the NYSC has already clarified the position of the Director General. He has maintained that the scheme has no plans to mobilize Corp members for military service. Therefore, this endeavor may be termed a mere academic exercise and thankfully so, because I could not possibly enjoy the sight of my sister being compulsorily drafted into the military to fight in any war. So why then did I share this knowledge? Firstly, to stimulate legal arguments on this matter as well as 

 caution the Nigerians who always interrogate matters based on sentiments and popular opinion; many lawyers even fall prey to this. Armed with this knowledge, when next you stroll online to attack the Director General of the NYSC or indeed any person at all, you may be tempted to ask yourself if he is legally correct, regardless of whether his position sits well with you.  

That having been said, section 24(b) of the CFRN makes it a duty of every citizen of Nigeria to help to enhance the power, prestige and good name of Nigeria and render such national service as may be required. I dare say again that the duty of national service includes serving in the military in times of war. That Nigerians are bold enough to make good their intentions not to respect this constitutionally guaranteed duty of theirs should give the government a lot to think about. It would appear that Nigerians are really fed up and must feel the country is not worth fighting for. Any sane government should be worried and should immediately do better to improve the patriotic spirits of their citizens. This can only be kick started by qualitative governance. But will the Nigerian government do this?    

  

Phone: 08089108698 
Twitter: EAkpanukoh 
LinkedIn: Emine Akpanukoh 
E-mail: gatewayjusticeinn@gmail.com  

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