The hearing of a lawsuit brought by Mr. Peter Mbah, the incoming governor of Enugu State, against the National Youth Service Corps (NYSC), was postponed on Monday due to the absence of Justice Inyang Ekwo of the Federal High Court (FHC), Abuja.Justice Ekwo was rumored to be on business.
According to the News Agency of Nigeria (NAN), Mbah sued the NYSC and Mr. Ibrahim Muhammad, director of corps certification, for issuing a disclaimer that disregarded the issuance of a discharge certificate that had been granted to him on January 6, 2003.
Justice Ekwo had prohibited Muhammad, the NYSC, and any of their agents from engaging in further publishing on May 15, awaiting the hearing and resolution of the main issue.
The decision was made as a result of an ex parte motion made by Mbah’s attorney, Mr. Emeka Ozoani, SAN.
However, the judge denied the second prayer of the application because it was seen to be too broad.
According to him, the second prayer was a matter that needed to be decided in the substantive lawsuit.
Ekwo mandated that the defendants be given notice in its place.
The court set today for the hearing after ordering the plaintiff to serve court papers on the defendants within two days of the ruling.
However, the court did not meet on Monday, so the case—which was listed as cause number 14 on the list—was postponed until May 31 to allow for the motion on notice hearing.
According to NAN, Ozoani filed the motion in accordance with Order 26 Rule 6(1) of the Federal High Court (Civil Procedure) Rules 2019 and Sections 13(1) and (2) of the FHC Act Cap. F12, Vol. 6, Law of Federation of Nigeria, 2004.
Ten grounds served as the foundation for the motion ex parte.
Mbah said that after earning a law degree from the University of East London in 2000, she returned to Nigeria and applied for admission to the Bar Part 1 program of the Nigerian Law School in order to practice as a barrister and solicitor of the Supreme Court of Nigeria.
Mbah claimed that after passing the bar part I exam, he had to wait for the bar part 2 programme and was told to enter the one-year NYSC program rather than wasting time waiting around.
He claimed that after being selected for NYSC, he was first sent to the Nigerian Ports Authority in Apapa for his first assignment but was turned down by NPA. As a result, he was able to secure a position at the legal firm of Ude & Associates.
“The plaintiff sought for and was approved to delay the NYSC during the course of his service year and after completing six months of NYSC in order to enable him to pass the bar final test.
The plaintiff was then reactivated to complete the NYSC program, which he did.
Mbah further asserted that he received the certificate of National Service No. A.808297 dated January 6, 2003 after completing the NYSC.
According to a letter from the NYSC dated February 1 and signed by Mr. Ibrahim Muhammed, Mbah’s NYSC certificate was not produced by the corps.
The Independent National Electoral Commission certified Mbah of the Peoples Democratic Party (PDP) the victor of the Enugu State governorship election conducted on March 18.
