The Federal High Court, Abuja has restrained the National Youth Service Corps (NYSC) from further publishing a disclaimer, denying the issuance of a certificate dated Janaury 6, 2003 to the Enugu state Governor-elect, Mr. Peter Mbah.
Ruling on an ex-parte application moved by Mr. Emeka Ozoani (SAN), on behalf of Mbah, Justice Inyang Ekwo also barred the NYSC Director, Corps Certification, Mr Ibrahim Muhammad from continuing to issue a disclaimer to the effect that Mbah’s NYSC certificate was not issued by the NYSC.
Ozoani brought the motion under Section 13(1) & (2) of the Federal High Court Act Cap F12, Vol. 6, Law of Federation of Nigeria, 2004, and Order 26 Rule 6(1) of the Federal High Court (Civil Procedure) Rules 2019.
Justice Ekwo granted prayer one on the motion paper.
The judge, however, refused to grant prayer two saying that it was far-reaching but rather ordered the plaintiff to put the defendants on notice.
He said that the second prayer was an issue to be adjudicated upon in the substantive suit.
Consequently, the trial judge ordered the applicant to serve the defendants with court processes within two days of the order.
The motion ex parte was predicated on 10 grounds.
He said that after graduating in law from the University of East London in 2000, returned to Nigeria and as a pre-requisite to practice as a barrister and solicitor of the Supreme Court of Nigeria, applied and was admitted into the Bar part 1 programme of the Nigerian Law School.
Mbah said upon completing the bar part I exam, he had to wait for the bar part 2 programme, and was advised that instead of spending time idling around, he should proceed to the mandatory one year NYSC programme.
He said he was called up for NYSC and was deployed initially to Nigerian Ports Authority Apapa for his primary assignment but was rejected by NPA, before securing the law firm of Ude & Associates.
“The plaintiff in the course of his service year and after six months of NYSC, applied and was granted approval to defer the NYSC in order to enable him complete the bar final exam.
“Thereafter, the plaintiff was re-mobilized to finish the NYSC programme, which he did complete.”
Mbah averred that upon completion of the NYSC, he was issued the certificate of National Service No. A.808297 dated January 6 2003.
Justice Ekwo adjourned the matter until May 22 for a hearing of the motion on notice.
The NYSC had on Feb. 1 written a letter signed by Mr. Ibrahim Mohammed, saying that the NYSC certificate belonging to Mbah was not issued by the corps.
Mbah of the Peoples Democratic Party (PDP) won the Enugu state governorship election held on March 18.
