Justice Inyang Ekwo of the Federal High Court in Abuja dismisses NYSC’s objection to Governor Peter Mbah’s N20 billion suit challenging his discharge certificate’s authenticity.
The court strikes out the defendant’s objection, deeming it a waste of time, and schedules the substantive matter for hearing on September 21 and 22, 2023
Justice Inyang Ekwo of the Federal High Court in Abuja has dismissed the National Youth Service Corps (NYSC) objection to Governor Peter Mbah of Enugu state’s N20 billion suit challenging the authenticity of his discharge certificate.
Governor Mbah filed a lawsuit against the agency, seeking N20 billion in damages for alleged conspiracy, deception, and wilful misrepresentation of facts against him.
However, in their response to the suit, NYSC, through their lawyer, Aminu Sadauki, filed an objection, arguing that if Governor Mbah felt aggrieved by any actions or statements by the NYSC regarding his certificate, he should have first petitioned or appealed to the Presidency, rather than approaching the court right away.
He claimed that the Governor did not take advantage of the opportunity Section 20 of the NYSC Act provided before approaching the court.
However, in his response to the objection, the Governor instructed the court to dismiss the objection.
Mbah, through his counsel, Chief Emeka Ozoani, SAN, stated that Section 20 of the NYSC Act, as referred to by NYSC’s lawyer, does not apply to him.
Mbah asked the court to dismiss the objection because he is neither a serving Corps member nor an NYSC employee.
According to Justice Ekwo’s ruling, Section 20 of the NYSC Act cited by the applicant, NYSC, does not apply to the respondent in the application.
That section, he claims, only applies to serving NYSC members.
I am minded to agree with the Plaintiff on whom the provision of Section 20 of the NYSC Act, 2004 applies. This means that the provision has a category of persons to whom it is applicable.
A keen perusal of the provision of Section 22 (1) and (2) of the Act would reveal that it sets out the person to whom the provision of S. 20 of the Act applies, which is a ‘member of the service corps’, which is defined to mean a person registered as a member of the service corps.
It is then stated in Section 21 (2) that for the purpose of the Act, the reference to a ‘member of the service corps’ includes, unless to the context otherwise requires or it is otherwise expressly provided, a prospective member of the service corps or any person who is a registered member.
It is rather sad that the objection of the defendant (NYSC) has been used to waste the time of this court, this objection is hereby struck out.
The substantive matter is adjourned to September 21 and 22, 2023 for hearing, the court held.