The Abuja division of the Federal High Court has ruled against the National Youth Service Corps (NYSC) and awarded N5 million in damages.
The case revolved around allegations that the discharge certificate of Enugu Governor Peter Mbah was fake, and Justice Inyang Ekwo delivered a stinging judgment against the NYSC, finding them guilty of misrepresenting material facts.
Justice Ekwo made it clear that the certificate presented by Governor Mbah to the Independent National Electoral Commission (INEC) was indeed authentic and valid, having been issued by the NYSC.
The evidence presented during the trial confirmed that the governor, who was mobilized for service in 2001, successfully completed his service in 2003.
A noteworthy aspect of the case was that midway through his service, Governor Mbah received permission from the NYSC to attend the Nigeria Law School, after which he was reinstated into the NYSC in 2003.
The court underscored that the NYSC had failed to challenge the evidence of Mbah’s service at the law firm of one Udeh, further berating the organization for not pursuing forgery charges if they genuinely believed they had not issued the certificate.
Justice Ekwo concluded that the NYSC had acted mischievously and in bad faith by denying Governor Mbah’s NYSC certificate.
The governor had initiated the legal action against the NYSC and its director of corps certification, Ibrahim Muhammad, after they published a disclaimer denying the issuance of his discharge certificate on January 6, 2003.
This landmark judgment has far-reaching implications, as it restrains the NYSC, Muhammad, and their agents from making any further publications discrediting Mbah’s certificate.
The order was issued following an ex parte motion presented by Mbah’s counsel, Emeka Ozoani.
The NYSC, in response, had filed a preliminary objection seeking to dismiss or strike out the case, citing a lack of jurisdiction and competence.
Their argument was based on the claim that Governor Mbah had not followed the requisite procedure, which involves appealing to the president as mandated by the National Youth Service Corps Act.
The NYSC argued that such an appeal was a prerequisite for pursuing legal action against them in any Nigerian court.
This judgment not only vindicates Mbah but also raises questions about the actions and integrity of the NYSC in handling such matters.
The Enugu governor, a member of the Peoples Democratic Party (PDP), had been declared the winner of the governorship election held on March 18, and this legal victory further solidifies his position.
