In a recent development, the Federal High Court in Abuja issued a restraining order against the National Youth Service Corps (NYSC) regarding the publication of a disclaimer regarding the authenticity of a certificate issued to the Governor-elect of Enugu State, Peter Mbah. Justice Inyang Ekwo granted the order upon an ex parte motion moved by Emeka Ozoani, SAN, on behalf of the applicant.
The court specifically restrained the NYSC Director, Corps Certification, Ibrahim Muhammad, from issuing or publishing any disclaimer that the NYSC certificate, dated January 6, 2003, and bearing the number A.808297, was not issued by the corps. The order was made under the provisions of the Federal High Court Act and the Federal High Court (Civil Procedure) Rules.
The motion was filed based on several grounds. Mbah, a graduate of law from the University of East London, had returned to Nigeria in 2000 and applied to the Nigerian Law School to pursue the Bar part 1 program. Upon completing the Bar Part 1 Exam, he awaited the Bar Part 2 program but was advised to utilize his time by participating in the mandatory one-year National Youth Service Corps program.
Initially deployed to the Nigerian Ports Authority Apapa Quays, Mbah was subsequently rejected and found placement with the law firm of Ude & Associates. During his service year, after six months, he applied for and was granted approval to defer his NYSC to complete the Bar final exam. He was then remobilized to finish the NYSC program, which he successfully completed.
Upon the completion of his NYSC service, Mbah was issued the certificate of National Service bearing number A.808297, dated January 6, 2003. However, concerns were raised questioning the authenticity of the certificate. To address these concerns, the NYSC had planned to publish a disclaimer suggesting that the certificate was not issued by the corps.
In response, Mbah sought legal intervention and approached the Federal High Court to prevent the NYSC from issuing such a disclaimer. Justice Ekwo granted an interim injunction, prohibiting the NYSC and its representatives from publishing any disclaimer until the motion on notice for an interlocutory injunction is heard and determined.
As part of the court proceedings, Justice Ekwo ordered the applicant to serve the defendants with the necessary court processes within two days of the order. This indicates that both parties will have an opportunity to present their arguments and evidence before the court makes a final decision on the matter.
The restraining order by the Federal High Court aims to maintain the status quo until the court has fully examined the case. It ensures that the NYSC refrains from casting doubt on the authenticity of the NYSC certificate issued to Governor-elect Peter Mbah until a proper hearing takes place.
As the legal proceedings progress, the focus will now shift towards presenting arguments and evidence from both sides to determine the validity of the NYSC certificate in question. The outcome of this case will have significant implications for the Governor-elect and may influence his eligibility to hold office.