Human rights lawyer Inebehe Effiong has dismissed claims that the corps member, Ushie Rita Uguamaye, who criticised President Bola Tinubu’s government had no right to do so because she was on national service.
Responding to online arguments against the corps member on Sunday, March 16, Effiong described such arguments as baseless and stated that members of the National Youth Service Corps (NYSC) were not civil or public servants and not bound by civil service rules.
The ICIR reported that following the alarm raised by a serving corps member in Lagos State over alleged threats to her life by NYSC officials after she criticised Tinubu’s government, many Nigerians on social media backed her while others disagreed with her action.
Some netizens argued that the NYSC Act and its Bye-Laws prohibited corps members from expressing dissenting views against the government and participating in partisan politics.
They cited part of the Bye-Laws (revised 2011), which states that corps members must “Not address the press on any policy issue without the prior written consent of the State Coordinator. 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,”
They also cited a sub-section of Section 4 of the law, which says “Not to 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.”
Some also posited that corps members were Federal Government employees and should not criticise the government openly.
However, Effiong pointed out that Section 2 of the NYSC Act defined national service as a mandatory one-year duty for eligible Nigerians, distinguishing it from federal or civil service employment.
He further explained that corps members were not recruited or employed by the NYSC, and would not be issued employment letters after their service year. Instead, upon completion of their service, they receive a ‘certificate of national service’.
Effiong also dismissed the notion that corps members are government employees because they receive stipends, emphasising that salaries, as defined under Nigerian labour laws, are a legal consideration for employment, while NYSC allowances are merely support payments, not wages.
“The Certificate that is issued to corps members on completion of their national service as prescribed in Section 11 of the NYSC Act is called Certificate of National Service, not certificate of employment. Corps members are not issued employment letters by the federal or state governments.
“Third, every employee under the law (including the Labour Act, Employees Compensation Act, etc.) is entitled to be paid salary. That is the legal consideration for the services rendered. Corps members are not paid salaries by the government (federal and state). They are only paid paltry sums as allowances. Some states do not even pay allowances to corps members,” he added.
Reacting to the argument that corps members are subject to civil service rules, Effiong further stated that there is no provision in the NYSC Act that limits their freedom of speech or political expression.
According to him, the term ’employer’ as used in the NYSC Act is used loosely in relation to the place of primary assignment where the corps member serves.
Referring to Section 13 of the Act and Section 4 of the Revised Bye Laws (2011), he explained that criticising the government did not constitute an offence under the scheme’s regulations.
Effiong added that having reviewed the corps member’s viral video, her statements were not partisan but a reflection of the economic hardship affecting many Nigerians.
He affirmed that her frustration over inflation and the cost of living fell within her constitutional right to free speech, as enshrined in Section 39 of the 1999 Constitution.
“Criticizing the president or the government is not an offence under the NYSC Act (See Section 13). It is also not an offence under the NYSC Bye Laws (See Section 4 of the Revised Bye Laws, 2011).
“…I have watched all the videos of this lady that are being debated. There is nothing slightly partisan in her comments.
“She merely expressed her justified frustrations with the state of affairs in the country, particularly the impact of the scourging inflation on her and other Nigerians. That is within her constitutional right to freedom of expression as guaranteed by Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” he added.
He further assured that he was in contact with the corps member and would take necessary steps to protect her rights if required.
Usman Mustapha is a solution journalist with International Centre for Investigative Reporting. You can easily reach him via: umustapha@icirnigeria.com. He tweets @UsmanMustapha_M