The court imposed a N5 million fine on NYSC for labeling Governor Mba's certificate as counterfeit
In a ruling on Monday, a Federal High Court in Abuja granted a N5 million damages award against the National Youth Service Corps (NYSC) for falsely accusing Enugu State Governor Peter Mbah of possessing a counterfeit discharge certificate. Justice Inyang Ekwo stated in the judgment that both the NYSC Director-General and the corps, named as defendants in the case, were found guilty of misrepresenting essential facts.
The judge ruled that the certificate Governor Mbah submitted to the Independent National Electoral Commission (INEC) was genuine and had been properly issued by the NYSC.
Justice Ekwo further determined that the evidence presented in court indicated that the governor, who was mobilized for service in 2001, completed his service in 2003.
The court also noted that midway through his service, Mbah sought permission from the NYSC to attend the Nigeria Law School and was subsequently reinstated into the NYSC in 2003.
Furthermore, the judge pointed out that while the NYSC did not contest the evidence showing that Mbah served in the law firm of a certain Mr. Udeh, it criticized the corps for not charging the governor with forgery if they believed that they did not issue the aforementioned NYSC certificate to him.
Justice Ekwo concluded that the NYSC acted in a malicious and uncooperative manner by disavowing Governor Mbah's NYSC certificate.
Mbah had initiated a legal suit against the NYSC and its Director, Corps Certification, Mr. Ibrahim Muhammad, for issuing a disclaimer denying the validity of a discharge certificate issued to him on January 6, 2003.
On May 15, Justice Ekwo issued an order that restrained the NYSC, Mr. Muhammad, and any of their representatives from making such disclaimers in the future until the substantive case was heard and resolved. This order was issued following an ex parte motion presented by Mr. Mbah's attorney, Mr. Emeka Ozoani (SAN).
However, the NYSC, in a preliminary objection dated May 19 and filed on May 22, requested an order for the dismissal or striking out of the lawsuit on the grounds of jurisdiction and competence.
Presenting three grounds of argument, the NYSC contended that Mbah failed to follow the necessary appeal process to the president, as stipulated in Section 20 of the National Youth Service Corps Act, Cap N84, Laws of the Federation of Nigeria, 2004, before initiating the lawsuit against the defendants.
It asserted that making an appeal to the president was a prerequisite for initiating legal action against the defendants in any Nigerian court.
The NYSC argued that since the plaintiff/respondent did not adhere to the provisions of Section 20 of the National Youth Service Corps Act, the lawsuit was premature and the court lacked jurisdiction.
On February 1, the NYSC had sent a letter, signed by Mr. Ibrahim Muhammed, stating that the corps did not issue the NYSC certificate attributed to Mbah.
Mbah, a member of the Peoples Democratic Party (PDP), was officially announced as the victor of the Enugu State gubernatorial election, which took place on March 18, by the Independent National Electoral Commission (INEC).
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