[Press Release] With just January 5th 2024 for the three months window of appeal to close, the management of the National Youth Service Corps (NYSC) has been challenged to appeal the judgement of the Federal High Court Abuja division, which validated the NYSC’s discharge certificate presented by Enugu state governor Peter Mbah to INEC, even when the NYSC said it was forged.
According to section 24 (2) (a) court of Appeal Act, an appeal in a final judgement shall be filed within 3 months after the Judgement was delivered and in an interlocutory appeal, within 14 days of such decision.
HURIWA stated emphatically that the favourable verdict of the Federal High Court in favour of Peter Mbah of Enugu state against NYSC, was made on November 6th, thus meaning that by January 5th 2024, if no notice of appeal is entered, the window of appeal will inevitably lapsed and then the Enugu State governor’s victory stands.
HURIWA confirmed authoritatively from the chambers of A.B. Mahmoud, senior Advocate of Nigeria, who was Nigerian Bar Association’s national president, that the law firm is yet to be briefed to appeal.
In a media statement by the National Coordinator, Comrade Emmanuel Onwubiko, HURIWA is tasking the NYSC to quickly appeal the judgement and to put up solid legal authorities, defend their appeal professionally to get the most appropriate decision from the court of appeal.
“Anything less than these decisive strategies, could mean that the certification authority of NYSC is rubbished permanently.”
HURIWA recalled that a Federal High Court in Abuja, had few weeks back awarded N5 million in damages against the National Youth Service Corps, NYSC, for alleging that the corps’ discharge certificate held by Governor Peter Mbah of Enugu State was fake.
Justice Inyang Ekwo, in the judgment, held that the Director-General of the NYSC and the corps, who were defendants in the suit, were guilty of misrepresentation of material facts.
The judge held that the certificate presented to the Independent National Electoral Commission, INEC, by Mbah was authentic and validly issued by the NYSC.
Justice Ekwo further held that evidence before the court showed that the governor, though mobilised for service in 2001, completed his service in 2003.
According to the court, Mbah, midway into his service, sought and, after receiving permission from the NYSC to attend the Nigeria Law School, was reinstated into the NYSC in 2003.
Besides, the judge said that while the NYSC did not challenge the evidence that Mbah served in the law firm of one Udeh, he criticized the corps for not charging the governor for forgery if they believed that they didn’t issue the said NYSC certificate to him.
He concluded that the NYSC was mischievous and acted in bad faith by denying Mbah’s NYSC certificate.
Mbah had sued the NYSC and its Director, Corps Certification, Mr Ibrahim Muhammad, for publishing a disclaimer denying the issuance of a discharge certificate issued to him on January 6, 2003.
Justice Ekwo, on May 15, restrained the NYSC, Muhammad, and any of their agents from, henceforth, engaging in such publication pending the hearing and determination of the substantive matter.
The order followed an ex parte motion moved by Mbah’s counsel, Mr Emeka Ozoani (SAN).
But the NYCS, in its preliminary objection dated May 19 and filed May 22, sought an order dismissing or striking out the suit for want of jurisdiction and competence.
Giving three grounds of argument, the corps said that Mbah did not appeal to the president as required by the provisions of Section 20 of the National Youth Service Corps Act, Cap N84, Laws of the Federation of Nigeria, 2004 before instituting the suit against the defendants.
It argued that an appeal to the president was a condition precedent to instituting an action against the defendants in any court of law in Nigeria.
According to the NYSC, 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.
The NYSC had, on Feb. 1, written a letter signed by Mr Ibrahim Muhammed saying that the corps did not issue the NYSC certificate belonging to Mbah.
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).
Press statement dated on December 21st, 2023.
Comrade Emmanuel Onwubiko
National Coordinator,
Human Rights Writers Association of Nigeria (HURIWA).
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