The Federal High Court (FHC), Abuja, was without Justice Inyang Ekwo on Monday, which prevented the hearing of a lawsuit brought by Mr. Peter Mbah, the incoming governor of Enugu State, against the National Youth Service Corps (NYSC).
According to reports, Justice Ekwo was out on an official assignment.
Mbah had filed a lawsuit against the NYSC and Mr. Ibrahim Muhammad, the director of corps certification, for publishing a disclaimer on the issuance 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 publication on May 15, pending the hearing and resolution of the main issue.
The decision was made as a result of an ex parte motion made by Mbah’s attorney, Mr. Emeka Ozoani, SAN.
However, the judge denied the second prayer of the motion because it was deemed to be too broad.
He said that the second prayer was an issue to be adjudicated upon in the substantive suit.
Instead, Ekwo ordered that the defendants be put on notice.
The judge, who directed the plaintiff to serve the defendants with court processes within two days of the order, fixed today for hearing.
But the court did not sit on Monday and the matter, which was on number 14 on the cause list, was adjourned until May 31 for hearing of the motion on notice.
Ozoani had brought the motion under Section 13(1) & (2) of the FHC Act Cap F12, Vol. 6, Law of Federation of Nigeria, 2004, and Order 26 Rule 6(1) of the Federal High Court (Civil Procedure) Rules 2019.
The motion ex parte was predicated on 10 grounds.
Mbah averred that after graduating in Law from the University of East London in 2000, he returned to Nigeria and as a prerequisite to practice as barrister and solicitor of the Supreme Court of Nigeria, applied and was admitted into the Bar part 1 programme of the Nigerian Law School.
Mbah said upon completing the bar part I exam, he had to wait for the bar part 2 programme, and was advised that instead of spending time idling around, he should proceed to the mandatory one year NYSC programme.
He said he was called up for NYSC and was deployed initially to Nigerian Ports Authority, Apapa, for his primary assignment but was rejected by NPA, before securing a role at the law firm of Ude & Associates.
“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 January 6 2003.
The NYSC had, on February 1, written a letter signed by Mr Ibrahim Muhammed saying that the certificate belonging to Mbah was not issued by the corps.
Mbah of the Peoples Democratic Party (PDP) was declared the winner of the Enugu State governorship election held in March 18 by the Independent National Electoral Commission.
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