The
mandatory NYSC scheme is governed by several codes and ethics, the
violation of which attracts penalties, ranging from extension of service
year to termination of service year.
Davido
In recent time, there has been emphasis on the need to participate
in the one year National Youth Service Corps (NYSC) scheme mandated
under the enabling Act.
The calls amidst the recent realities of sacks, resignations and
disqualifications (among others) of political leaders who became
graduates at and/or before the age of thirty but failed to participate
in the scheme.
The mandatory NYSC scheme is governed by several codes and ethics,
the violation of which attracts penalties, ranging from extension of
service year to termination of service year and prosecution among other
disciplinary actions to be determined by the designated and/or empowered
officials of the Scheme.
David Adedeji Adeleke, popularly known as Davido, recently put in
for the mandatory NYSC program sequel to his graduation from the
University before the age of thirty. Consequently, he was mobilised to
the Iyana Ipaja, Lagos Orientation Camp of the Scheme but has since
taken off to do other things.
Davido is widely acknowledged and popular both home and abroad.
That said, can we conclude that the George Orwell’s view about the
society by his book ‘Animal farm’ is in play? Whence, he said by several
allegorical syllogism: “All animals are equal but some are more equal than the other”. In
other words, it seems we are all equal before the law but some are more
equal than others. The question is; is Davido above all other Corps
members currently participating in the program to the extent that he
cannot be sanctioned, queried and/or at least cautioned if found
wanting?
Davido, 26, was one of the 2,152 Batch ‘B’ Stream II corps members
sworn-in at the NYSC orientation camp at Iyana Ipaja in August, 2018.
Since Davido joined the Scheme, the Following are the SEVEN NYSC Rules
of engagement broken by him:
1. Davido was brought into the Orientation camp a
chauffeur Driven White exotic car and drove amidst fanfare among other
corps members and obviously protected by security guides.
2. Davido left the Orientation camp and never participated in the activities of NYSC at the camp.
The Pop star left the orientation camp to Boston in United States
ahead of his ‘Locked Up’ Concert. Afterward, he performed at the
opening
day of Jay-Z’s Made in America Festival in Philadelphia, United States.
3. After leaving the orientation camp, Davido never returned.
4. Davido’s Primary Place of Assignment is unknown.
5. Davido did not report promptly to his Primary
Place of Assignment or participate in activities at his secondary place
of assignment.
6. Davido continues to engage in his private practice as a musician.
7. Davido fully participated in politics during the recently concluded governorship elections in Osun State.
It is noteworthy that the above listed offences attract both light
and heavy penalties if some of the offences considered as reconcilable
are not met with the attached condition precedents.
Davido violated the provisions of Section 3(I)(15) of the NYSC
Bye-Laws (18/19), Section 3(III)(2, 3, 5 6, 7,12, 14)) of the NYSC
Bye-Laws (18/19), and Section 4(9) of the NYSC Bye-Laws (18/19). For
ease of reference, I hereunder reproduce the contents of the cited
sections of the Bye Laws:
Section 3(I)(15) of the Bye laws provides as follows:
During the Period of orientation, every member shall not bring vehicles or motorcycles into the orientation camp.
Any member who brings vehicles or motorcycles to camp shall not be registered, and if already registered, shall be decamped
ii) Such member shall only be allowed to return to service to join the next batch in the orientation camp.
Section 3(III)(2, 3, 5 6, 7,12, 14) of the NYSC Bye-Laws (1993) Provides as follows:
During the Period of Primary Assignment, every member shall:
2. Not be late to report at duty station
Any member who reports late at duty station shall be tried by the
Corps Disciplinary Committee and if found guilty, be liable to extension
of service on half pay double the period he is late to station. Any
member who reports late at duty station shall be tried by the Corps
Disciplinary Committee and if found guilty, be liable to extension of
service on half pay double the period he is late to station
3. Not fail to report to duty punctually.
Any member who reports late for duty shall be queried by his
employer and the report sent to the State Coordinator for disciplinary
action.
4. Not fail to carry out duties diligently
Any member who fails to carry out his duties diligently shall be
queried by his employer and the report sent to the State Coordinator for
disciplinary action.
5. leave his duty station or absent himself from any official activity without the written consent of the State Coordinator.
Any member who leaves his duty station or absents himself from any
official activity without the permission of the State Coordinator shall
be tried by the Corps Disciplinary Committee and, if found guilty, be
liable to extension of service with half pay double the period of
absence.
6. Not travel outside the State without written permission of the State Coordinator.
Any member who travels outside the State without the written
permission of the State Coordinator shall be tried by the Corps
Disciplinary Committee and, if found guilty, be liable to forfeiture of
allowance for the number of days absent and extension of service with
half pay double the period of absence.
7. Not engage in private practice
Any member who engages in private practice shall be tried by the
Corps Disciplinary Committee and, if found guilty, be liable on
conviction to extension of service for a period not less than twenty one
(21) days without pay.
8. Not travel outside Nigeria without the written permission of the Director-General
Any member who travels outside Nigeria without the written
permission of the Director-General shall be tried by the Corps
Disciplinary Committee and, if found guilty, be liable to extension of
service without pay double the period of absence
Section 4(9) of the NYSC Bye-Laws (1993) Provides as follows:
Every member shall Not take part in partisan politics.
Any member who takes part in partisan politics is liable to
extension of service for a period not less than three (3) months without
pay.
It is clear from the above-cited provisions of the NYSC byelaws and
the facts earlier relayed that Davido is in breach of the rules guiding
the NYSC scheme.
Even if we were to assume that Davido obtained permission for all
his engagements, the question to ask is how much permission can he take
during his continuous participation in the scheme? By section 6(2) of
the enabling law, Davido cannot get more than 14 days leave of absence
during the entire program.
Davido similarly went overboard when he wore PDP attires and
campaigned from town to town for his uncle, Senator Ademola Adeleke,
despite being a corps member in active service.
Despite all the breaches, there is no record to show that Davido
has been queried, sanctioned, brought before a court, suspended and/or
cautioned in any way by the NYSC management. The inference to be drawn
is that Davido is above the law or above all other corps members. The
Lagos State NYSC coordinator and the Director General of the NYSC
clearly owe Nigerians some explanations.
Richarmond O. Natha-Alade is a legal Practitioner and Principal Partner at Sun Natha-Alade & Partners (SNATHAP).
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