High Court Slaps NYSC with N5 Million Fine Over ‘Fake’ Certificate Tagging

A Federal High Court in Abuja has imposed a fine of N5 million on the National Youth Service Corps (NYSC) for its assertion that Governor Peter Mbah of Enugu State possessed a counterfeit discharged certificate. This legal judgment, delivered by Justice Inyang Ekwo, unequivocally ruled that the Director General of the NYSC and the corps itself, who were defendants in the lawsuit, were guilty of distorting crucial facts.

The judge subsequently confirmed the authenticity of the certificate submitted by Governor Mbah to the Independent National Electoral Commission (INEC), validating it as a legitimate document issued by the NYSC.

Justice Ekwo’s ruling went even further, highlighting the evidence presented before the court, which demonstrated that although Governor Mbah was mobilized for national service in 2001, he successfully completed his service in 2003. During the course of his service, he sought and received permission from the NYSC to attend the Nigeria Law School, after which he was reinstated into the NYSC in 2003. This sequence of events was duly recognized by the court.

In addition, the judge noted that the NYSC had not contested the evidence of Governor Mbah’s service at Udeh’s law firm. However, the NYSC was criticized for not pursuing forgery charges against the governor, despite their purported belief that the NYSC certificate was not legitimately issued to him.

Background:

To provide a comprehensive understanding of the context, it is crucial to delve into the backstory of this legal battle. Governor Peter Mbah filed a lawsuit against the NYSC and its Director of Corps Certification, Mr. Ibrahim Muhammad. He took this legal action in response to the NYSC’s publication of a disclaimer, in which they denied issuing a discharge certificate to him on January 6, 2003.

Justice Ekwo initially granted an order on May 15 that prohibited the NYSC, Mr. Muhammad, and their agents from making any public statements or publications concerning Governor Mbah’s certificate while the main case was still pending. This order was issued following an ex parte motion presented by Governor Mbah’s legal representative, Mr. Emeka Ozoani, a Senior Advocate of Nigeria (SAN).

Subsequently, on May 19, the NYSC filed a preliminary objection to the lawsuit. By May 22, they sought an order to have the case dismissed or struck out, arguing that it lacked jurisdiction and competence. Their argument hinged on the claim that an appeal to the president was a prerequisite before instituting any legal action against the defendants in any Nigerian court.

The NYSC contended that the suit was premature, as the plaintiff/respondent had failed to comply with the provisions of Section 20 of the National Youth Service Corps Act. According to their interpretation, this non-compliance rendered the case invalid, awaiting the court’s jurisdiction to materialize.

It’s worth noting that on February 1, the NYSC had written a letter, signed by Mr. Ibrahim Muhammad, stating that the NYSC certificate attributed to Governor Mbah was not 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.

In summary, the Federal High Court in Abuja has imposed a fine on the NYSC for its claim of a fake discharged certificate held by Governor Peter Mbah. The court has validated the authenticity of the certificate in question and criticized the NYSC for not pursuing forgery charges against the governor despite their initial assertions. The legal battle between Governor Mbah and the NYSC is rooted in the dispute over the issuance of the certificate, and the court has played a pivotal role in resolving this matter.