The Abuja Division of the Federal High Court on Monday awarded N5 million in damages against the National Youth Service Corps (NYSC) for alleging that the discharge certificate held by Governor Peter Mbah of Enugu is fake.
Justice Inyang Ekwo, in a judgment, held that NYSC and its director-general, defendants in the suit, were guilty of misrepresenting material facts.
The judge held that the certificate presented to the Independent National Electoral Commission (INEC) by Mr Mbah was authentic and validly issued by the NYSC.
Mr Ekwo further held that evidence before the court showed that the governor, though mobilised for service in 2001, completed his service in 2003.
According to the court, the Enugu governor, midway into his service, sought and, after receiving permission from the NYSC to attend the Nigeria Law School, was reinstated into the NYSC in 2003.
The judge said while the evidence that Mr Mbah served in the law firm of one Udeh was not challenged by the NYSC, he berated NYSC for not charging the governor for forgery if they believed they did not issue the certificate to him.
He concluded that the NYSC was mischievous and acted in bad faith by denying Mr Mbah’s NYSC certificate.
Mr Mbah had sued the NYSC and its director of corps certification, Ibrahim Muhammad, for publishing a disclaimer denying the issuance of a discharge certificate issued to him on January 6, 2003.
The judge, on May 15, restrained the NYSC, Mr Muhammad, and any of their agents from engaging in such publication pending the hearing and determination of the substantive matter.
The order followed an ex parte motion moved by Mr Mbah’s counsel, Emeka Ozoani.
But the NYSC, in its preliminary objection dated May 19 and filed May 22, sought an order dismissing or striking out the suit for want of jurisdiction and competence.
Giving three grounds of argument, NYSC claimed Mr Mbah did not appeal to the president as required by the provisions of Section 20 of the National Youth Service Corps Act, Cap N84, Laws of the Federation of Nigeria, 2004, before instituting the suit against the defendants.
It argued that an appeal to the president was a condition precedent to instituting an action against the defendants in any court of law in Nigeria.
According to the NYSC, consequent upon the refusal of the plaintiff to comply with the provisions of Section 20 of the National Youth Service Corps Act, the suit is premature to determine the jurisdiction of the court.
The NYSC had, on February 1, written a letter signed by Mr Muhammad saying it did not issue the certificate held by the Enugu governor.
Mr Mbah of the Peoples Democratic Party (PDP) was declared the winner of the Enugu governorship election held on March 18. NAN
