Politics
Certificate Forgery: Court Dismisses NYSC’s Objection To Mbah’s Suit
The Abuja Division of the Federal High Court has dismissed the preliminary objection filed by the National Youth Service Corps (NYSC) against Governor Peter Mbah’s N20 billion suit over alleged certificate forgery.
Justice Inyang Ekwo, in a ruling, held that the preliminary objection lacked merit and ought to be dismissed.
Justice Ekwo said section 20 of the NYSC Act, 2004, which NYSC based its objection on, did not apply to Mr Mbah since he was not a serving corps member.
“Again, I am minded to agree with the plaintiff (Mbah) on whom the provision of Section 20 of the NYSC Act, 2004 applies. This means that the provision has a category of persons to whom it is applicable,” the judge explained.
”A keen perusal of the provision of Section 22 (1) and (2) of the Act would reveal that it sets out the person to whom the provision of Section 20 of the Act applies, which is a ‘member of the service corps’ which is defined to mean a person registered as a member of the service corps.”
He added, “It is then stated in section 21 (2) that for the purpose of the Act, the reference to a ‘member of the service corps’ includes, unless to the context otherwise requires or it is otherwise expressly provided, a prospective member of the service corps or any person who is a registered member.”
The judge stressed that the “major characteristic of the provision of section 21 (1) and (2) of the act is that the draftsman puts wordings thereof in the present tense and not past tense,” pointing out that it “makes the provision applicable to ‘a prospective member of the service corps or any person who is a registered member’.”
Justice Ekwo held that upon studying the statement of Mr Mbah’s claim, he found no averment or claim thereof where it was stated that the governor was either “a prospective member of the service corps or any person who is a registered member.”
According to the judge, it was settled law, without prejudice to the position of the law, that “the jurisdiction of a court is determined by the subject matter of the action and the claim before the court.”
“Consequently, I find that the substance of the preliminary objection of the defendants is not predicated on a proper interpretation of the provision of Section 20 of the NYSC Act, 2004 and therefore premised on erroneous consideration of the said provision,” the judge stressed.
“It is rather sad that this preliminary objection has been used to waste the time of the court and consequently divert proceedings in this case from the substantive matter.”
Justice Ekwo adjourned the matter until September 21 and 22 for hearing.
Mr Mbah had sued the NYSC and its director of corps certification, Ibrahim Muhammad, for publishing a disclaimer denying the issuance of a discharge certificate issued to him on Jan.6, 2003.
On May 15, the judge restrained the NYSC, Mr Muhammad and any of their agents from engaging in such publication pending the hearing and determination of the substantive matter.
But the NYSC, 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.
The NYSC had, on February 1, written a letter signed by Mr Muhammad saying that the agency did not issue the NYSC certificate belonging to Mr Mbah.
Mr Mbah of the Peoples Democratic Party (PDP) was declared the winner of the Enugu governorship election held on March 18 by the Independent National Electoral Commission (INEC).
The Tide source reports that the committee, reportedly backed by the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike, is making moves to reclaim the Wadata Plaza headquarters months after it was sealed following a violent clash between rival factions of the party.
Senior officers at the FCT Police Command told our source that while they had not received an official briefing, police personnel would be stationed at the secretariat and other key locations to maintain peace.
The Acting National Secretary of the Mohammed-led committee, Sen. Samuel Anyanwu, announced last week that the secretariat would reopen for official activities on Monday (today).
He dismissed claims that ongoing litigation would prevent the reopening, saying, “There are no legal barriers preventing the caretaker committee from resuming work at the party’s headquarters.”
However, the Tanimu Turaki-led National Working Committee (NWC) has fiercely rejected the reopening move, insisting that Sen. Anyanwu and his group remain expelled from the PDP and have no authority to act on its behalf.
Speaking with The Tide source, the committee’s National Publicity Secretary, Ini Ememobong, declared: “They are living in fool’s paradise. The worst form of deceit is self-deceit, where the person knows he is deceiving himself yet continues with gusto.
“Even INEC, which they claim has recognised them, has denied them. They are indulging in a roller coaster of self-deceit.”
Mr Ememobong further revealed that letters had been sent to both the Inspector-General of Police and the FCT Commissioner of Police, stressing that the matter was still in court and warning against any attempt to “resort to self-help.”
“The case pending before Justice Joyce Abdulmalik was instituted by the expelled members. They cannot resort to self-help until judgment is delivered,” he said.
He warned that reopening the secretariat would amount to contempt of court.
A senior officer at the FCT Police Command, who spoke on condition of anonymity, confirmed that officers would be deployed to the area to avert a repeat of the November 19 violence that led to the secretariat’s initial closure.
“The command would not stand by and allow a breakdown of peace and order by the party or anyone else. Definitely, the police will have to be on the ground,” he said.
Another officer added, “There will definitely be men present at the secretariat, but I can’t say the number of police officers that would be deployed.”
When contacted, the FCT Police Public Relations Officer, Josephine Adeh, said she had not been briefed on the planned reopening and declined to comment on whether officers would be deployed.
Asked to confirm whether the secretariat was initially sealed by police, she responded, “Yes,” but refused to say more about the current deployment plans.
The Kano State House of Assembly has debunked the purported impeachment plan against the Deputy Governor, Aminu Gwarzo.
The Tide source recalls that the Kano State Commissioner for Information and Internal Affairs, Ibrahim Waiya, recently sparked controversy during an interview session with a local radio station.
Mr Waiya called on the deputy governor to resign for failing to follow his principal, Gov. Abba Yusuf, in defecting from the New Nigeria Peoples Party (NNPP) to the All Progressives Congress (APC).
However, the spokesperson to the Speaker of the state House of Assembly, Kamaluddeen Shawai, while addressing journalists in Kano on Saturday, described reports circulating in some media outlets about Mr Gwarzo’s impeachment as baseless and misleading, emphasising that no such plan is underway.
Mr Shawai further stated that the House remains focused on its legislative duties and oversight functions rather than engaging in speculative political manoeuvres.
The spokesperson urged members of the public and the media to verify information before sharing it, stressing the importance of accurate reporting in maintaining political stability in the state.
He said, “There is absolutely no motion or initiative within the House to remove the deputy governor.
“These reports are false and should be disregarded by the public. The deputy governor continues to serve in his capacity with full support from the House.
“Our priority is good governance and serving the people of Kano, not circulating rumours.”
She made the declaration during an interview with Nigerian football legend, Mr Segun Odegbami, during a live radio interview on Saturday.
Prof. Obasanjo, who is also former commissioner in the state, ruled out a return to the Senate, stating that her focus was firmly on the governorship race.
“So, moving ahead, I’m not going to be Commissioner. Like I said, I’m not even going back to the same party because I think that’s old and I don’t see the use of it. And I’m not going to go back to the Senate,” she said.
“Like the Americans would say, there’s no need. And this is what I told my associates, when this all started. I said, the only thing I’ll come back to do is the governorship.
“And we have started that journey. We are going to see it through. And so that’s the journey I’m on. And we are very serious about it. I mean we are very dedicated to it.”
The politician also confirmed that she recently joined the APC, explaining that her return to active politics followed persistent calls from supporters.
“Like I told you, a group of people who I did not bring together, have been working, I think, for two years now. And then they started talking to me about a year ago, saying, ‘Look, we think you are the best candidate. We want you back,’” she added.
Her declaration sets the stage for what may become a keenly contested governorship race in Ogun State ahead of the 2027 elections.
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