A Federal High Court in Abuja has ruled in favor of Enugu State Governor Peter Mbah, awarding him N5 million in damages against the National Youth Service Corps (NYSC).
The court’s decision follows allegations made by the NYSC that Governor Mbah’s discharge certificate was fake.
Justice Inyang Ekwo, in his judgment, found the Director General of the NYSC and the corps guilty of misrepresenting material facts. He held that the certificate presented by Governor Mbah to the Independent National Electoral Commission (INEC) was genuine and validly issued by the NYSC.
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The court’s findings revealed that although Governor Mbah was mobilized for NYSC service in 2001, he completed his service in 2003. During his service, he sought and received permission from the NYSC to attend the Nigerian Law School and was subsequently reinstated into the NYSC in 2003.
Furthermore, the court noted that the evidence presented regarding Governor Mbah’s service at a law firm was not challenged by the NYSC. Justice Ekwo criticized the NYSC for failing to charge the governor with forgery if they believed that the NYSC certificate was not genuinely issued to him.
The court concluded that the NYSC’s actions were mischievous and in bad faith, as they had wrongly denied the authenticity of Governor Mbah’s NYSC certificate.
Governor Mbah had initiated legal action against the NYSC and its Director of Corps Certification, Mr. Ibrahim Muhammad, after they published a disclaimer denying the issuance of a discharge certificate to him on January 6, 2003.
In a previous ruling on May 15, the court had restrained the NYSC, Mr. Muhammad, and their agents from engaging in such publications until the substantive matter was heard and determined. This order was issued following an ex parte motion brought by Governor Mbah’s counsel, Mr. Emeka Ozoani, SAN.
The NYSC had argued, in its preliminary objection, that Governor Mbah did not follow the proper procedure, including appealing to the President, before instituting the lawsuit. They contended that an appeal to the President was a prerequisite for initiating legal action against the defendants.
However, the court’s judgment has raised questions about its authority to determine the authenticity of an NYSC certificate. Some argue that the NYSC, as the issuing authority, should have the right to authenticate the certificates it provides to youth corps members, rather than the court.