On Monday, a Federal High Court in Abuja ruled that the National Youth Service Corps (NYSC) was liable for making false allegations that Governor Peter Mbah of Enugu State possessed a fake discharged certificate, and it ordered the NYSC to pay N5 million in damages. Justice Inyang Ekwo, in his judgment, found that the Director General of the NYSC and the corps, who were defendants in the case, had misrepresented material facts.
The judge also determined that the certificate Governor Mbah presented to the Independent National Electoral Commission (INEC) was genuine and had been validly issued by the NYSC. Furthermore, the court established that while Governor Mbah was initially mobilized for service in 2001, he completed his service in 2003 after obtaining permission from the NYSC to attend the Nigeria Law School. The court also noted that the NYSC did not challenge the evidence that Governor Mbah had served in a law firm belonging to one Udeh. The judge criticized the NYSC for not pursuing forgery charges against the governor if they genuinely believed they had not issued him the NYSC certificate in question.
Justice Ekwo concluded that the NYSC had acted maliciously and in bad faith by denying the validity of Governor Mbah’s NYSC certificate.
Governor Mbah had filed a lawsuit against the NYSC and its Director of Corps Certification, Mr. Ibrahim Muhammad, for publishing a disclaimer that denied the issuance of his discharge certificate 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 publications until the substantive matter was heard and decided. This order came after an ex parte motion was filed by Governor Mbah’s attorney, Mr. Emeka Ozoani, SAN.
However, the NYSC, in a preliminary objection dated May 19 and filed on May 22, sought to have the lawsuit dismissed or struck down, arguing that Governor Mbah did not follow the proper procedure of appealing to the president as required by Section 20 of the National Youth Service Corps Act before filing the lawsuit. The NYSC contended that an appeal to the president was a prerequisite for initiating legal action against the defendants in any court in Nigeria.
The NYSC had previously written a letter on February 1, signed by Mr. Ibrahim Muhammed, asserting that the NYSC certificate belonging to Governor Mbah had not been issued by the corps. Governor Mbah, a member of the Peoples Democratic Party (PDP), had been declared the winner of the Enugu State governorship election held on March 18 by the Independent National Electoral Commission (INEC).