Governor Peter Mbah of Enugu State has prayed the Abuja division of the Federal High Court to dismissed the preliminary objection filed by the National Youth Service Corps (NYSC) against his N20 billion suit he brought against the corps.

Mr Mbah had filed his suit to seek the court’s validation for his discharge certificate disowned by the NYSC.

He filed the suit in May after the NYSC disowned the discharge certificate he claimed the corps had issued him after completing his national youth service in 2003.

Mr Mbah, in his suit, is seeking N20 billion in damages against the NYSC for alleged conspiracy, deceit, and misrepresentation of facts.

The NYSC, in its priminary objection, maintained it did not issue the certificate in Mr Mbah’s possession.

The NYSC, through its counsel, Aminu Sadauki, while moving his objection to Mbah’s lawsuit, told the court that Governor Mbah should have first petitioned or appealed to the Presidency if he was aggrieved about the any actions or statements by the NYSC, rather than approaching the court straightaway.

According to the NYSC’s lawyer, it is only when the Presidency is unable to resolve the matter that he would have the right to approach the court.

However, Mbah, in his objection, told the court to dismiss NYSC’s objection on the ground that he is neither a serving corps member or an employee of the NYSC.

According to him, section 20 of the NYSC Act, which NYSC’s lawyer referred to does not applied to him.

However, responding, governor mbah through his counsel, A. S. Oshomegie, a Senior Advocate, urged the court to dismiss the objections.

After counsels in the matter adopted and argued their written addresses, Justice Ekwo fixed the case for September 22 for ruling.
Mbah had sued the NYSC and its Director, Corps Certification, Ibrahim Muhammad, for publishing a disclaimer, denying the issuance of a discharge certificate issued to him on 6 January 2003.

Mr Mbah, in his suit, is seeking N20 billion in damages against the NYSC for alleged conspiracy, deceit, and misrepresentation of facts.

The NYSC, in its priminary objection, maintained it did not issue the certificate in Mr Mbah’s possession.

The NYSC, through its counsel, Aminu Sadauki, while moving his objection to Mbah’s lawsuit, told the court that Governor Mbah should have first petitioned or appealed to the Presidency if he was aggrieved about the any actions or statements by the NYSC, rather than approaching the court straightaway.

According to the NYSC’s lawyer, it is only when the Presidency is unable to resolve the matter that he would have the right to approach the court.

However, Mbah, in his objection, told the court to dismiss NYSC’s objection on the ground that he is neither a serving corps member or an employee of the NYSC.

According to him, section 20 of the NYSC Act, which NYSC’s lawyer referred to does not applied to him.

However, responding, governor mbah through his counsel, A. S. Oshomegie, a Senior Advocate, urged the court to dismiss the objections.

After counsels in the matter adopted and argued their written addresses, Justice Ekwo fixed the case for September 22 for ruling.
Mbah had sued the NYSC and its Director, Corps Certification, Ibrahim Muhammad, for publishing a disclaimer, denying the issuance of a discharge certificate issued to him on 6 January 2003.

An NYSC discharge certificate is issued to Nigerian graduates aged 30 and below after they complete a mandatory one-year national service organised by the body.

The certificate is a prerequisite for degree holders to secure a formal job in Nigeria. Those above 30 are issued a certificate of exemption which is also tenable for securing a job.

But graduates who fail to participate in the NYSC scheme before clocking 30 are not entitled to an exemption certificate once they cross the eligibility age.

In a preliminary objection filed on 22 May, NYSC and its officials prayed for an order dismissing or striking out the suit for want of jurisdiction and competence.

Giving three grounds of argument, the defendants said Mr Mbah did not appeal to the President as required by the provisions of section 20 of the NYSC Act before instituting the suit against them.

They argued that the appeal to the President was a condition precedent to instituting an action against them in any court of law in Nigeria.

“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,” they said.