The Federal High Court in Abuja has dismissed the preliminary objection filed by the National Youth Service Corp (NYSC) against the elected governor of Enugu State, Peter Mbah’s 20 billion naira suit over alleged certificate forgery.
Justice Inyang Ekwo in his ruling, held that the provisions of Section 20 of the NYSC Act does not relate to Mbah, as he is not currently a serving NYSC member and an employee of the corps.
On the last adjourned date, the counsel for the NYSC, had argued that Mbah contravened the NYSC Act in the institution of the suit.
While urging the court to strike out the suit, Sadauki said Mbah did not appeal to the President as required by the provisions of Section 20 of the NYSC Act before instituting the suit against them.
Mbah’s counsel, urged Justice Ekwo to dismiss the objection on the grounds that sections cited in the NYSC Act were not applicable in the instant suit and that a counter affidavit and written address had been filed in response to the preliminary objection.
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Amongst other reliefs, Mbah in his counter affidavit noted that, Section 20 of the NYSC Act, which NYSC’s lawyer referred to does not apply to him.
The NYSC had issued a disclaimer on February 1, 2023, in response to a request for information on the NYSC status Peter Mbah, pursuant to section 1 of the Freedom of information act 2011.
Mbah averred that upon completion of the NYSC service, he was issued the certificate of National Service No. A.808297 dated 6th January 2003.
(Editor: Ebuwa Omo-Osagie)