Certificate Saga: Gov Mbah urges court to jail NYSC DG

The call is the latest development in an unfolding legal battle Mr Mbah launched in May after the NYSC disowned the discharge certificate he claimed the corps issued to him.

Governor Peter Mbah of Enugu State has urged the Federal High Court in Abuja to commit the Director-General of the National Youth Service Corps (NYSC), Yusha’u Ahmed, a brigadier-general, to prison over alleged disobedience to a court order.

Mr Mbah prayed to the court in Form 49 filed through his lawyer, Emeka Ozoani, a Senior Advocate of Nigeria (SAN).

It marks the commencement of contempt proceedings against the NYSC boss.

The development is the latest in an unfolding legal battle Mr Mbah launched in May after the NYSC disowned the discharge certificate he claimed the corps had issued him after completing his national service in 2003.

Mr Mbah, in his suit, is seeking N20 billion in damages against the NYSC for alleged conspiracy, deceit, and misrepresentation of facts.

But NYSC has insisted it did not issue the certificate in Mr Mbah’s possession and provided details to back its claim that the governor refused to collect the authentic certificate.

The News Agency of Nigeria (NAN) reports that the governor filed the fresh contempt application on 22 June, accusing Mr Ahmed of flouting the court’s order on 15 May.

The governor said the order had restrained Mr Ahmed from issuing, publishing or continuing to issue or publish a disclaimer of his NYSC certificate of national service dated 6 January 2003 and with certificate number: A.808297.

He said the NYSC boss had violated the order.
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“The plaintiff apply to this court for an order for your committal to prison for having disobeyed the order of this court,” his application read in part.

The Form 48 attached to the application and addressed to the NYSC boss read: “Take notice that unless you obey the directions contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison.”

Although the matter was scheduled for today (Friday) for hearing, the trial judge, Inyang Ekwo, did not sit.

Consequently, the case was adjourned until 4 July.

Suit

NAN reports that Mr Mbah had sued the NYSC and its Director, Corps Certification, Ibrahim Muhammad, for publishing a disclaimer, denying the issuance of a discharge certificate issued to him on 6 January 2003.

An NYSC discharge certificate is issued to Nigerian graduates aged 30 and below after they complete a mandatory one-year national service organised by the body.

The certificate is a prerequisite for degree holders to secure a formal job in Nigeria. Those above 30 are issued a certificate of exemption which is also tenable for securing a job.

But graduates who fail to participate in the NYSC scheme before clocking 30 are not entitled to an exemption certificate once they cross the eligibility age.

Academic and NYSC records of politicians appointed to or getting into public office usually attract public scrutiny.

Based on Mr Mbah’s request after filing his suit, the trial judge, Mr Ekwo, had, on 15 May, restrained the relevant NYSC officials and any of their agents from, henceforth, engaging in publishing a disclaimer of Mr Mbah’s certificate pending the hearing and determination of the substantive matter.

The judge, however, did not grant the other prayers of the applicant because it touched on the substantive issue of the suit.

Instead, Mr Ekwo ordered that the defendants be put on notice.

Mbah’s claim

While doubling down on the authenticity of the certificate in his possession, Mr Mbah averred that after graduating in Law from the University of East London in 2000, he 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.

Mr Mbah said upon completing the bar Part I examinations, 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 NYSC programme.

He said he was called up for NYSC and was deployed initially to Nigerian Ports Authority Apapa for his primary assignment, but was rejected by NPA before securing the law firm of Ude & Associates.

Based on Mr Mbah’s request after filing his suit, the trial judge, Mr Ekwo, had, on 15 May, restrained the relevant NYSC officials and any of their agents from, henceforth, engaging in publishing a disclaimer of Mr Mbah’s certificate pending the hearing and determination of the substantive matter.

The judge, however, did not grant the other prayers of the applicant because it touched on the substantive issue of the suit.

Instead, Mr Ekwo ordered that the defendants be put on notice.

Mbah’s claim

While doubling down on the authenticity of the certificate in his possession, Mr Mbah averred that after graduating in Law from the University of East London in 2000, he 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.

Mr Mbah said upon completing the bar Part I examinations, 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 NYSC programme.

He said he was called up for NYSC and was deployed initially to Nigerian Ports Authority Apapa 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 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.”

Call for dismissal

Mr Mbah further averred that upon completion of the NYSC, he was issued the certificate of National Service No. A.808297 dated 6 January 2003.

But in a preliminary objection dated and filed on 22 May, the 1st and 2nd defendants prayed for an order dismissing or striking out the suit for want of jurisdiction and competence.

Giving three grounds of argument, the defendants said Mr 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.

They argued that the appeal to the President was a condition precedent to instituting an action against them in any court of law in Nigeria.

“Consequent upon the refusal of the plaintiff/respondent to comply with the provisions of Section 20 of the National Youth Service Corps Act, this suit is premature for the jurisdiction of the court to crystalise,” they said.

The NYSC had, on 1 February, written a letter signed by Ibrahim Muhammed saying that the corps did not issue the certificate in Mr Mbah’s possession.

Mr Mbah of the Peoples Democratic Party (PDP) was declared the winner of the Enugu state governorship election held on 18 March by the Independent National Electoral Commission (INEC).

“Consequent upon the refusal of the plaintiff/respondent to comply with the provisions of Section 20 of the National Youth Service Corps Act, this suit is premature for the jurisdiction of the court to crystalise,” they said.

The NYSC had, on 1 February, written a letter signed by Ibrahim Muhammed saying that the corps did not issue the certificate in Mr Mbah’s possession.

Mr Mbah of the Peoples Democratic Party (PDP) was declared the winner of the Enugu state governorship election held on 18 March by the Independent National Electoral Commission (INEC).