Sir: The history of polytechnic in Nigeria can be traced back to 1947 when Yaba College of Technology ( YabaTech) was established. It actually evolved from  Yaba Higher College. The aims were to provide practical and technical skills. It was introduced to meet the needs for skilled technical and vocational manpower in Nigeria. We now have Federal Polytechnic, State and Private Polytechnics.

There are two stages of award. The first two years was for  National Diploma (OND) and the second stage is for the Higher National Diploma ( HND). 

Anyone who completes HND full-time study  are eligible to  perform the mandatory National Youth Service Corps ( NYSC) irrespective of whether they finished in federal, state or private. It is also part of the requirement that there must be a minimum of one-year gap between ND and HND to be eligible for the NYSC.

However, Part -time HND or those who did their ND part-time but even completed the HND full-time are still ineligible and they will receive NYSC exclusion certificate. The reason for this discrimination is not known yet.

NYSC itself was established by Decree in 1973 by General Yakubu Gowon. Section 315(5) of the 1999 Constitution ensures that the National Youth Service Corps Decree is still valid and operational.   In other words, it has been incorporated into the constitution. This aspect of the constitution was enacted to ensure continuity so that there would be no legal vacuum and to uphold important federal enactments.

The NYSC Act (Cap N84, laws of the Federation of Nigeria 2004 formalises the establishment of the NYSC for graduates under 30 years old. The aims are to promote common ties, national unity, and youth development through disciplined service, patriotic service and self-reliance. It made provisions to those who are eligible and those who are not, including those who should be given exemptions. Section 13 (2) criminalises failure to report for service, with punishment, including fines or imprisonment and makes wearing the uniform illegally an offence. The Act gives the president authority to make necessary regulations for the scheme’s objectives.

The reason for not allowing a part-time HND or those who did their ND part-time may have been in that 2004 Act unwittingly because no explanation was given for this exclusion.

I see such law that bar part-time HND graduates under 30 as discriminatory.  Any law that bars part- time HND graduates whether because of their historic ND part-time  is morally unjust and a morally unjust law does not have a status of law.

I urge the President of the Federal Republic of Nigeria to exercise his power under the NYSC Act to correct the anomaly by removing any exclusion that prevents the HND part-time graduates from being eligible for NYSC. They should be made eligible. The law must be fair, just and equitable.

Niyi Aborisade is a lawyer, human rights activist, historian and  poet.