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).
Accordingg to the statement, the Board and National Executive Committee of PANDEF, noted with very grave concern the recent spate of political developments in Rivers State.
“Regrettably, these developments have now degenerated into the decision of the Rivers State House of Assembly to commence impeachment proceedings against the governor and deputy governor.
“This is a deeply disturbing situation that demands urgent attention in order to forestall further escalation and breakdown of law and order.
“This concern is heightened by the critical importance and strategic centrality of Rivers to the Niger Delta region and to the broader socio-political stability and economic wellbeing of Nigeria as a whole”, the statement said.
The Forum called on all parties involved in the resurgent political imbroglio to sheathe their swords and embrace peace.
“This should be guided by the principles of give-and-take, dialogue, tolerance, and political equanimity.
“All stakeholders must place paramount importance on peace, development and the welfare of the people of Rivers.
“We must now focus squarely on good governance and development of the state,” the Forum said.
PANDEF commended President Bola Tinubu, the leadership of the All Progressives Congress (APC), respected elders of Rivers State, and other well-meaning Nigerians for their previous and ongoing efforts aimed at restoring peace and stability in the state.
Speaking in an interview on Saturday, January 10, Chief Sara-Igbe alleged that the minister had flouted regulations governing the commencement of electioneering campaigns by moving from one local government area to another to galvanise political support.
According to him, the action amounted to a clear breach of electoral guidelines being carried out with a troubling sense of impunity that could undermine the rule of law.
“Wike has violated the electoral laws of campaigning by going from local government to local government to talk to the people. He travelled from one local government to another. As a result of his visits to local government areas, he has broken election regulations and continues to do all these things without fear of repercussions”, Chief Sara-Igbe said.
The remarks came as Chief Wike was set to round off a state-wide “thank-you” tour that covered all 23 local government areas of Rivers State.
Although the minister had described the tour as an appreciation visit following support for President Bola Tinubu in the 2023 general elections, critics say the engagements have assumed an overtly political character.
Observers note that during several stops, including recent visits to Andoni and Bonny local government areas, the minister rallied supporters across party lines under what he termed a “Rainbow Coalition,” a move widely interpreted as part of a broader political strategy.
During these engagements, Chief Wike was also reported to have made remarks perceived as a veiled challenge to the authority of Governor Siminalayi Fubara, while repeatedly referencing the 2027 elections and urging supporters to prepare to “correct the mistake” of 2023.
Chief Sara-Igbe warned that allowing such activities to continue unchecked could erode public confidence in Nigeria’s electoral process and called on relevant authorities to enforce existing laws without fear or favour.
The Commission, in a statement on Wednesday, claimed that there were plans by the same group to escalate a smear campaign against its Chairman, Ola Olukoyede, to frustrate ongoing investigations and prosecutions involving prominent individuals.
The statement endorsed by the agency’s spokesman, Mr Dele Oyewale, claimed that the action was intended to distract the Commission through unfounded allegations of political bias in the discharge of its duties.
The EFCC warned that it would not stand by and watch “those recruited into this ignoble enterprise” or allow any attempt to derail it from “the patriotic task of improving public accountability in Nigeria.”
The Commission made it clear that those recruited into this venture were under close watch, adding that it would not tolerate any attempt to distract it from the patriotic task of improving public accountability in Nigeria.
“The EFCC reiterates its non-political stance in all its activities. Facts on the ground clearly show that any political actor belonging to the ruling party or opposition party, with corruption baggage, has no hiding place from the operational radar and dynamics of the Commission.
“As a matter of fact, several strong members of the ruling and opposition parties are either facing trial before the courts or being investigated by the Commission.
“It is needful that Nigerians appreciate the fact that the Commission is keeping faith with its Establishment Act in all its operations.
“Therefore, the Commission reiterates its commitment to justice, without fear or favour, in the fulfilment of its mandate,” the statement pointed out.
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