Court Restrains NYSC From Speaking On Enugu Gov-Elect’s Discharge Certificate
The Federal High Court sitting in Abuja has issued an order of interim injunction restraining the National Youth Service Corps (NYSC) and its Director, Corps Certification, Ibrahim A. Muhammad, from making further statements regarding the genuineness of the NYSC Certificate in possession of the Enugu Governor-elect, Mbah Peter Ndubuisi.
Justice Inyang Ekwo made the order on Monday, upon an ex parte motion dated May 4, moved by Emeka Ozoani (SAN), on behalf of the Governor-elect.
Ozoani brought the motion under section 13(1) & (2) of the Federal High Court Act Cap F12, Vol 6, Law of Federation of Nigeria, 2004, and Order 26 Rule 6(1) of the Federal High Court (Civil Procedure) Rules 2019.
After hearing Mbah’s counsel, Justice Ekwo granted prayer one on the motion paper.
“An order of interim injunction restraining the Defendants and Respondents whether by themselves, their directors, officers, servants, legal representatives, counsel or any other person or persons howsoever described and connected, from issuing, publishing or continued to issue, publish disclaimer to the effect that the NYSC certificate of National Service dated 6th January, 2003, certificate No. A.808297 issued to the Plaintiff, Barrister Mbah Peter Ndubuisi, in accordance with Section 11 of the National Youth Service Corps Decree No. 51 of 1993, was not issued by the National Youth Service Corps pending the hearing and determination of the motion on notice for interlocutory injunction filed in this suit,” the court ordered.
However, Justice Ekwo declined to grant the applicant’s prayer, seeking “An interim injunction restraining the Defendants individually, collectively, whether by themselves, their directors, officers, servants, counsel, professional advisers, legal representatives, tribunal or any other person natural or legal, in receipt or knowledge of the aforesaid disclaimer issued or published by the defendants in supposition that the NYSC Certificate of service No. A. 808297 belonging to Barrister Peter Ndubuisi Mbah, was not issued by the defendants not to rely, countenance, or accord any probative evidential value on it pending the hearing and determination of the motion on notice for interlocutory injunction filed in this suit.”
The court said it will consider prayer two on the ex parte motion paper in the motion on notice, fixed for May 22.
Consequently, the trial judge ordered the applicant to serve the defendants with court processes within two days of the order.
The motion ex parte was predicated on 10 grounds, which are as follows: “The plaintiff states that after graduating in law from the University of East London in 2000, returned to Nigeria, and as a pre-requisite to practice as Barrister and solicitor of the Supreme Court of Nigeria, applied and was admitted into the Bar part 1 programme of the Nigerian Law School.”
Mbah said upon completing the Bar Part 1 exam, he had to wait for the Bar Part 2 programme and was advised that instead of spending time idling around, he should proceed to the mandatory one-year National Youth Service Corps programme.
The plaintiff said he was called up for the NYSC and was deployed initially to Nigerian Ports Authority, Apapa Quays for his primary assignment but was rejected by NPA, before securing the law firm of Ude & Associates.
“The plaintiff, in the course of his service year and after six months of NYSC, applied and was admitted approval to defer the NYSC in order to enable him complete the Bar final exam.
“Thereafter, the plaintiff was re-mobilised to finish the NYSC programme, which he did complete,” he said.
Upon completion of the NYSC service, Mbah claimed he was issued the certificate of National Service No. A.808297 dated 6th January, 2003.