Fake certificate: Court orders NYSC to pay N5m damages to Enugu Gov over falsification
The National Youth Service Corps (NYSC) has been ordered by a Federal High Court in Abuja to pay N5 million in damages for falsely accusing Enugu State Governor, Peter Mbah, of possessing a fake discharged certificate.
In a judgment delivered by Justice Inyang Ekwo, it was determined that the NYSC and its Director General had misrepresented important facts.
The court found that the certificate presented by Governor Mbah to the Independent National Electoral Commission (INEC) was genuine and had been lawfully issued by the NYSC.
Additionally, evidence presented during the trial confirmed that the governor had completed his service in 2003, despite being mobilised in 2001.
According to the court, Mbah, midway into his service, sought and after receiving permission from NYSC to attend the Nigeria Law School, was reinstated into the NYSC in 2003.
Besides, the judge said that while the evidence that Mbah served in the law firm of one Udeh was not challenged by the NYSC, he berated the corps for not charging the governor for forgery if they actually believed that they didn’t issue the said NYSC certificate to him.
He concluded that the NYSC was mischievous and acted in bad faith by denying Mbah’s NYSC certificate.
It was gathered that Mbah had sued the NYSC and its Director, Corps Certification, Mr Ibrahim Muhammad, for publishing a disclaimer, denying the issuance of a discharge certificate issued to him on Jan.6, 2003.
Justice Ekwo, on May 15, restrained the NYSC, Muhammad and any of their agents from, henceforth, engaging in such publication pending the hearing and determination of the substantive matter.
The order followed an ex parte motion moved by Mbah’s counsel, Mr Emeka Ozoani, SAN.
But the NYSC, in its preliminary objection dated May 19 and filed May 22, sought an order dismissing or striking out the suit for want of jurisdiction and competence.
Giving three grounds of argument, the corps said that Mbah did not appeal to the president as required by the provisions of Section 20 of the National Youth Service Corps Act, Cap N84, Laws of the Federation of Nigeria, 2004 before instituting the suit against the defendants.
It argued that appeal to the president was a condition-precedent to instituting an action against the defendants in any court of law in Nigeria.
According to the NYSC, consequent upon the refusal of the plaintiff/respondent to comply with the provisions of Section 20 of the National Youth Service Corps Act, this suit is premature for the jurisdiction of the court to crystalise.
The NYSC had, on Feb. 1, written a letter signed by Mr Ibrahim Muhammed saying that the NYSC certificate belonging to Mbah was not issued by the corps.
Mbah of the Peoples Democratic Party (PDP) was declared the winner of the Enugu state governorship election held on March 18 by the Independent National Electoral Commission (INEC).
