A Federal High Court in Abuja has cleared the way for Enugu State governor, Peter Mbah, to proceed with his N20b suit against the National Youth Service Corp (NYSC) after an objection to the suit was dismissed.
The NYSC had filed an objection to a suit brought against it by the Enugu governor over an alleged certificate forgery.
But dismissing the suit, Friday, Justice Inyang Ekwo held that the provisions of Section 20 of the NYSC Act does not relate to Mbah. He said that Mbah is not currently a serving NYSC member or an employee of the corps.
On the last adjourned date, counsel for the NYSC had argued that Mbah contravened the NYSC Act in the institution of the suit. While urging the court to strike out the suit, Sadauki said 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.
Mbah’s counsel urged Justice Ekwo to dismiss the objection on the grounds that sections cited in the NYSC Act were not applicable in the instant suit and that a counter affidavit and written address had been filed in response to the preliminary objection.
Among other reliefs sought by Mbah in his counter affidavit are that Section 20 of the NYSC Act, which NYSC’s lawyer referred to, does not apply to him.
The NYSC had issued a disclaimer on February 1, 2023, in response to a request for information on the NYSC status Peter Mbah, pursuant to section 1 of the Freedom of Information Act 2011.
Mbah averred that upon completion of the NYSC service, he was issued the certificate of National Service No. A.808297, dated January 6 2003.