The preliminary objection filed by the National Youth Service Corps (NYSC) against Enugu State Governor Peter Mbah’s N20 billion suit over alleged certificate fraud has been dismissed by Justice Inyang Ekwo of the Federal High Court Abuja.
Justice Ekwo ruled that the provisions of Section 20 of the NYSC Act do not apply to Mbah since he is not a serving NYSC member, an intending member, or an employee of the corps.
NYSC lawyers stated that Mbah violated the NYSC Act by filing the suit at the most recent adjourned date.
While urging the court to dismiss the complaint, he stated that Mbah did not make an appeal to the President as required by Section 20 of the NYSC Act before filing the claim against them.
Mbah’s counsel urged Justice Ekwo to dismiss the objection, arguing that the sections stated in the NYSC Act did not apply in the particular case and that a counter-affidavit and written address had been issued in response to the preliminary objection.
Mbah stated in his counter-affidavit, among other things, that Section 20 of the NYSC Act, to which NYSC’s lawyer alluded, did not apply to him.
On February 1, 2023, the NYSC issued a disclaimer in response to Peter Mbah’s request for information on his NYSC status under Section 1 of the Freedom of Information Act 2011.
Mbah said that after completing his NYSC service, he was given a certificate of National Service No. A.808297 dated January 6, 2003.
Earlier this month, the DSS refuted NYSC claims that Mbah falsified his discharge certificate in the ongoing Enugu State Governorship Election Petition Tribunal.
The DSS stated its stance in a written statement taken under oath by its agent, Mr Yahaya Isa Mohammed.
The subpoenaed DSS Deputy Director, Operations and Strategic Department testified that the security agency launched an investigation into the discharge certificate matter after receiving a petition from Mbah on February 8, 2023.
The DSS stated that, contrary to the NYSC’s assertion, the certificates in a series that contained Mbah’s were issued to Corps members in Lagos.
