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 Rivers contest is expected to draw heightened attention in the oil-rich state, as political actors position for influence in a district long regarded as strategic to the balance of power in Rivers State.
INEC disclosed that the by-elections will hold concurrently with the Ekiti State governorship election, underscoring what promises to be a politically charged day across several parts of the country.
Beyond Rivers, the electoral body listed other affected constituencies to include Nasarawa North Senatorial District, Dawakin Kudu/Warawa Federal Constituency in Kano State, Ondo South Senatorial District, and Enugu North Senatorial District.
The vacancies, according to INEC, arose from a combination of deaths, resignation, and other constitutional developments. In Nasarawa, the demise of Senator Godiya Akwashika has left a gap in a district considered a stronghold of the All Progressives Congress (APC). In Enugu, the passing of Senator Okey Ezea has set the stage for a competitive race in the South-East.
Similarly, the Ondo South seat became vacant following the resignation of Senator Jimoh Ibrahim, who now serves as Nigeria’s Permanent Representative to the United Nations, while the Dawakin Kudu/Warawa seat in Kano opened up after the death of Hon. Muhammad Danjuma Hassan.
Analysts say the Rivers South-East by-election, in particular, could reshape political alignments in the state, as parties jostle to fill the void left by Sen. Mpigi and consolidate their foothold ahead of future electoral contests.
Stakeholder from Bayelsa East Senatorial District, on Monday, endorsed the incumbent Senator representing them to run for a second term.
Leading the stakeholders, the former Commissioner for Culture and Tourism and Special Adviser to Governor Douye Diri on Political Affairs (iii), Dr Iti Orugbani, said the reason for the endorsement was based on the federal lawmaker’s trajectory of good deeds and massive execution of projects across communities of the Senatorial district.
Dr Orugbani highlighted some of the projects to include landing jetties, telecommunication masts and town halls amongst others, noting that Sen. Agadaga’s performance has exceeded those of others who hitherto represented the oil rich area.
Bayelsa East Senatorial District comprises Ogbia, Brass and Nembe Local Government Areas of the State.
The Governor’s aide who called on the State’s Eastern political enclave to respect the 2022 new zoning agreement, which guaranteed second term for Senators from the District, stressed the need for political tolerance and peace in the forthcoming 2027 polls.
“In 2022 the leaders and stakeholders across party lines from Bayelsa East held a meeting and altered the old single term for Senators from the district’s agreement and signed that begining from 2023 any Senator emerging from the district must serve for a minimum of two terms.
“In 2023, Senator Biobarakuma Degi-Eremienyo, then an incumbent Senator representing the Senatorial district under the platform of the All Progressives Congress (APC) was given a second term ticket by the party. Though he lost to the PDP.
“Now that the entire state is now APC and the District has an APC Senator in the person of Benson Agadaga from Ogbia LGA, why not also give him a second tenure?
“The stakeholders in 2022 changed the old political agreement because they saw that it wasn’t beneficial to the district any longer. And so, because it was Ogbia Local Government Area that started the old zoning arrangement by producing the first Senator in 1999, I want to plead that let Ogbia also begin the new two terms zoning agreement”, he said.
Also speaking, the duo of woman leader of a support group, ‘Agadema Women’, Mrs. Owadaba Jokori and the Information Officer of the Ijaw Youths Council (IYC), Central Zone, Comrade Ikio, stated that the incumbent Senator has done well for the district in the past three years that he has been in office.
They lauded the federal lawmaker for his infrastructure projects, especially the construction of landing jetties in select communities of the three local government areas of the district, commending stakeholders for supporting the lawmaker in his second term bid.
In his remarks, Senator Agadaga thanked the stakeholders for the confidence reposed in him and the endorsements he has received lately from constituents and admirers across political parties.
The lawmaker noted that within the past three years that he has been Senator, he has delivered dividends of democracy to his constituents across the Senatorial District, emphasizing that the call for him to be senator from the Brass Senatorial District came to him as a surprise, noting that he accepted the clarion call when the clamour became so loud.
“I was Chief of Staff to the State Governor, Senator Douye Diri, when various groups from the zone came calling on me to contest the 2023 Senatorial polls.
“Ever since winning the elections as a senator, I’ve continued to deliver on my mandate in both representation, lawmaking, oversight, project execution and support for constituents when called upon. And I shall continue to do more if elected for a second term”, the Senator said.
By Ariwera Ibibo-Howells, Yenagoa
Justice Peter Lifu of the Federal High Court in Abuja has set May 15 as deadline for definite hearing in a suit filed by a lawyer, Johnmary Jideobi, seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election.
The judge on Monday shifted the hearing date following the absence of the plaintiff, Mr Jideobi, and his lawyer in court without any information.
Apart from the absence of the plaintiff, who is a legal practitioner, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) and Minister of Justice, who are 2nd and 3rd defendants in the matter, were also not in court.
Following the absence of the plaintiff and the two defendants, Chris Uche, SAN, representing Dr Jonathan, applied to the court to strike out the suit for lack of diligent prosecution.
Having joined issues with each other, Mr Uche said, the suit is liable for dismissal with a N5 million cost to be awarded against the plaintiff and payable to Dr Jonathan.
He argued that from all indications, the plaintiff has abandoned the suit and ran away upon sighting the preliminary objections raised against the suit, adding that the court is a busy place and not for unserious matters.
Justice Lifu, however, noted that there was no evidence of service of hearing notice on INEC and AGF to appear in court for the suit, adding that lack of service of hearing notice is fundamental.
The judge said rather than striking out the suit, he prefers to bend backward to accommodate the plaintiff and the two defendants for the last time.
While adjourning the matter to May 15, Justice Lifu ordered that hearing notice be served on the plaintiff and the 2nd and 3rd defendants who were not in court on Monday.
The plaintiff, Mr Jideobi, had filed the case seeking an order to restrain Dr Jonathan from presenting himself to any political party as an aspirant for the 2027 election.
He is also asking the court to stop INEC from accepting, processing or publishing Dr Jonathan’s name as a presidential candidate.
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