A lawyer, Shuaibu Sule, listed five offences he said she is liable for;
The offences include forgery, possession of fake document, altering, giving false information and skipping the national service.
They carry jail terms of between one to 14 years, according to the Penal Code Law and the National Youth Service (NYSC) Act.
Mrs Adeosun’s certificate scandal was first blown by Premium Times in a July 7 story which detailed how the minister skipped the mandatory national service and forged an exemption certificate to cover for it.
The year-long service, organised by the NYSC is compulsory for all Nigerians who graduate from a university or equivalent institution at the age of 30 or below.
In addition to being a requirement for government and private sector jobs in Nigeria, the enabling law prescribes punishment for anyone who absconds from the scheme or forges its certificates.
On Friday, the Presidency announced her resignation from office, and released the resignation letter in which Mrs Adeosun owned up to the crime. She said she was “helped” by some unnamed associates to get the exemption certificate.
“Her resignation should not be the end of it. She should be investigated and prosecuted for committing a number of crimes,” Mr Sule told PREMIUM TIMES Saturday morning.
The lawyer said Mrs Adeosun could be charged for offences under Section 140 of the Penal Code, which borders on giving false information and attracts up to one year prison term and/or fine.
What The Law Says
The penal code operates in the northern part of Nigeria, including Abuja. While Mrs Adeosun is from Ogun in the south, lawyers say the law would apply as the offence was committed in Abuja.
Sections 364 and 368 of the same law, according to Mr Sule, provides for up to 14 years in jail for faking a document and being in possessing of fake documents. They also have provision for fine that could go either as complement of substitution for jail term.
Mr Sule said the former minister is equally liable for uttering – presenting fake document as genuine, which could, on conviction, could attract maximum jail term of 14 years, as provided for in Section 366 of the law.
Eligible Nigerians who skipped the service are liable to be sentenced to 12 months imprisonment and/or N2,000 fine, according to the section 13 of the NYSC law.
Section 13 (3) of the law also prescribes 3-year jail term or option of N5,000 fine for anyone who contravenes provision of the law, as Mrs Adeosun is alleged to have.
Subsection 4 of the same section also criminalises giving false information or illegally obtaining the Service’s certificate. It provides for up to three year jail term for such offenders.
The lawyer said a level playing field should be provided to bring the former minister to justice.
Civic groups have written to law enforcement agencies to demand for Mrs Adeosun;s investigation and prosecution.
Prior to her resignation, a Lagos-based Civil Society Organisation, HEDA Resource Centre, had written to the Inspector General of Police in July asking him probe the forgery allegations against the minister.
In August, the group dragged the police authorities to court asking for order compelling the police to investigate the scandal. The matter is yet to be heard.
