In a recent judgment, the Federal High Court in Abuja has ruled in favor of Governor Peter Mbah of Enugu State, awarding N5 million in damages against the National Youth Service Corps (NYSC) for falsely alleging that the governor’s discharged certificate was fake.
Justice Inyang Ekwo, who presided over the case, found the Director General of the NYSC and the corps guilty of misrepresentation of material facts.
Justice Ekwo confirmed that the certificate presented by Governor Mbah to the Independent National Electoral Commission (INEC) was authentic and valid, having been duly issued by the NYSC. The court also established that although the governor was mobilized for service in 2001, he completed his service in 2003. During his service period, Governor Mbah had sought and received permission to attend the Nigeria Law School, after which he was reinstated into the NYSC in 2003.
The judge criticized the NYSC for failing to charge the governor with forgery if they believed the certificate was fake, highlighting the lack of evidence to support such claims. Justice Ekwo concluded that the NYSC had acted mischievously and in bad faith by denying Governor Mbah’s NYSC certificate.
Governor Peter Mbah had filed a lawsuit against the NYSC and its Director of Corps Certification, Ibrahim Muhammad, for publishing a disclaimer that denied the issuance of his discharge certificate on January 6, 2003. Earlier in May, Justice Ekwo had issued an interim order restraining the NYSC from making any such publications while the case was ongoing.
In response, the NYSC had filed a preliminary objection, arguing that Governor Mbah failed to appeal to the president, as required by Section 20 of the National Youth Service Corps Act, before instituting the lawsuit. They contended that the lack of such an appeal rendered the suit premature. However, the court ultimately ruled in favor of Governor Mbah.
Following these legal developments, Governor Peter Mbah of the Peoples Democratic Party (PDP) was declared the winner of the Enugu state governorship election held on March 18 by the Independent National Electoral Commission (INEC).
