The Federal High Court sitting in Abuja has proclaimed that the National Youth Service Corps (NYSC) discharge certificate of the Enugu State governor, Peter Mbah, is authentic.
Justice Inyang Ekwo passed the judgment on Monday in an application by the governor against the National Youth Service Corps, NYSC, and its Director, Corps Certification, Ibrahim A. Muhammad.
THE WHISTLER reports that the court had on May 15, issued an order of interim injunction restraining the National Youth Service Corps, NYSC, and its Director of Corps Certification, from making further statements regarding the genuineness of the NYSC certificate in possession of Governor Mbah.
The court, which approved Mbah’s exparte motion, held that the NYSC must stop disclaiming Ndubuisi’s certificate pending the hearing and determination of his case.
Recall that after the electoral victory of the People’s Democratic Party candidate, the NYSC had claimed that the Certificate of National Service bearing Mbah Peter Ndubuisi with Certificate Number: A808297 forwarded for verification was not issued by the NYSC.
But Mbah dismissed the disclaimer, insisting he never forged his NYSC discharge certificate.
In his main suit (which was followed by an exparte motion) filed by his lawyer, Emeka Ozoani SAN, the governor sought “an order that the plaintiff’s certificate of National Service Number A808297 is authentic and was validly issued by the NYSC,” among other prayers.
He also asked the court to declare that the press release issued by the NYSC regarding his Certificate is deceitful and was “intended albeit to inflict damages in his legal profession, politics, business, as it was to unlawfully profit the NYSC and its DG.”
But the NYSC legal team filed a preliminary objection against the case, urging the court to declare Mbah’s case as “premature.”
NYSC’s counsel, Aminu Sadauki, argued that after the Corps issued a disclaimer, Section 20 of the NYSC Act provides that Mbah “ought to have appealed to the presidency before taking out this action in court.”
He submitted that the failure of the governor to do so means he has not complied with the condition precedent in the NYSC Act.
But in his judgment on Friday, Justice Ekwo observed that evidence showed that Mbah was mobilized for national service in 2001 but completed it in 2003.
The court held that the NYSC’s claim Mbah did not serve was not supported by evidence.