The Federal High Court sitting in Abuja has dismissed a preliminary objection filed by the National Youth Service Corps, NYSC, and its Director, Corps Certification, Ibrahim A. Muhammad, against the Governor of Enugu State, Peter Mbah, regarding the suit he instituted seeking an order proclaiming the authenticity of his NYSC discharge certificate.
Justice Inyang Ekwo held on Friday that it was sad that the preliminary objection by the NYSC “has been used to waste the time of the court and consequently divert proceedings in this case from the substantive matter.”
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.
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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 Mbah of the People’s Democratic Party, 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.
He urged the court not to hear the matter as well as decline jurisdiction.
But in his ruling on Friday, Justice Ekwo observed that the Section cited by the NYSC is applicable to a prospective member of the service Corps or any person who is a registered member.
The judge agreed with Mbah that he is a sitting governor of Enugu State and not a member of the service Corps and is not “required to make any presentation to the presidency by way of an appeal or otherwise.”
Justice Ekwo ruled that Mbah has a reasonable course of action which necessitated the institution of his case.
“This preliminary objection lacks merit and ought to be dismissed.
“I make an order dismissing the preliminary objection,” Ekwo held while adjourning the case to September 21 and 22 for hearing.
THE WHISTLER reports that matters relating to the Enugu Governor’s NYSC certificate and pre-election is already before the Governorship Elections Tribunal in the state.