Governor Peter Mbah of Enugu State has asked a Federal High Court in Abuja to imprison Brig.-Gen. Yusha’u Ahmed, Director-General of the National Youth Service Corps (NYSC), for allegedly disobeying a court order.
Mbah requested the court in a Form 49 that was submitted to Justice Inyang Ekwo by his attorney, Emeka Ozoani, SAN.
Remember that the application was submitted in line with Order IX, Rule 13 of the Sheriffs and Civil Process Act, CAP. S6, Laws of the Federation of Nigeria, 2004, and that it was dated and filed on June 22.
The governor claimed that Ahmed disregarded the court’s order issued on May 15 prohibiting him from issuing, publishing, or continuing to publish a disclaimer stating that the NYSC certificate of national service issued to him on January 6, 2003, with certificate number: A.808297, was not issued by the corps.
“The plaintiff applied to this court for an order for your committal to prison for having disobeyed the order of this court,” it read in part.
In the Form 48 attached to the application, it read: ‘Take notice that unless you obey the directions contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison.”
Despite the fact that the motion was set for today (Friday), the court did not meet.
The lawsuit was therefore postponed until July 4th.
Mbah had sued the NYSC and Mr. Ibrahim Muhammad, Director of Corps Certification, for printing a disclaimer that disallowed the issuing of a discharge certificate that had been granted to him on January 6, 2003.
Justice Ekwo had prohibited Muhammad, the NYSC, and any of their agents from engaging in further publishing on May 15, awaiting the hearing and resolution of the main issue.
The order was made in response to an ex parte motion made by Mr. Ozoani, Mbah’s attorney.
However, the judge denied the second prayer of the application because it was seen to be too broad.
According to him, the second prayer was a matter that needed to be decided in the substantive lawsuit.
Ekwo mandated that the defendants be given notice in its place.
Ozoani filed the motion in accordance with Order 26 Rule 6(1) of the Federal High Court (Civil Procedure) Rules 2019 and Sections 13(1) and (2) of the Federal High Court Act Cap. F12, Vol. 6, Law of the Federation of Nigeria, 2004.
Ten grounds served as the foundation for the motion ex parte.
Mbah said that after earning a law degree from the University of East London in 2000, she returned to Nigeria and applied for admission to the Bar Part 1 program of the Nigerian Law School in order to practice as a barrister and solicitor of the Supreme Court of Nigeria.
Mbah claimed that after passing the bar part I exam, he had to wait for the bar part 2 programme and was told to enter the one-year NYSC program rather than wasting time waiting around.
He said that after being selected for NYSC, he was initially assigned to work for the Nigerian Ports Authority in Apapa but was turned down by the organization. He then managed to secure a position at the legal firm of Ude & Associate.
“The plaintiff in the course of his service year and after six months of NYSC, applied and was granted approval to defer the NYSC in order to enable him complete the bar final exam.
“Thereafter, the plaintiff was remobilised to finish the NYSC programme, which he did complete.”
Mbah further averred that upon completion of the NYSC, he was issued the certificate of National Service No. A.808297 dated Jan.6 2003.
However, the first and second defendants requested an order dismissing or throwing out the case due to lack of jurisdiction and competency in a preliminary objection dated and submitted on May 22.
The defendants argued on three points that Mbah should have appealed to the president before filing the lawsuit against them in accordance with Section 20 of the NYSC Act, Cap. N84, Laws of the Federation of Nigeria, 2004.
They claimed that making an appeal to the president was a prerequisite to filing a case against them in any Nigerian court of law.
“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 crystallize,” they said.
According to a letter from the NYSC dated February 1 and signed by Mr. Ibrahim Muhammed, Mbah’s NYSC certificate was not produced by the corps.
The Independent National Electoral Commission (INEC) declared Mbah of the Peoples Democratic Party (PDP) the victor of the Enugu state governorship election conducted on March 18.
