Judge's Absence Slows Mbah's Lawsuit Against The NYSC Over An Alleged Certificate Forgery
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 because Justice Inyang Ekwo of the Federal High Court (FHC), Abuja, was not present.
According to reports, Justice Ekwo was out on a work assignment.
Mbah had filed a lawsuit against the NYSC and Mr. Ibrahim Muhammad, the director of corps certification, for posting a disclaimer on the issuing of a discharge certificate that had been granted to him on January 6, 2003.
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.
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 Federal High Court Act Cap. F12, Vol. 6, Law of the Federation of Nigeria, 2004.
Ten grounds served as the foundation for the motion ex parte.
Mbah said that after earning his law degree from the University of East London in 2000, he 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 initially assigned to the Nigerian Ports Authority in Apapa for his primary assignment but was turned down by the NPA. As a result, he found employment at the legal firm of Ude & Associates.
"The plaintiff in the course of his service year and after six months of NYSC, applied and was granted approval to defer the NYSC in order to enable him complete the bar final exam.
"Thereafter, the plaintiff was remobilised to finish the NYSC programme, which he did complete."
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 certificate was not granted 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.
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