Mr Peter Mbah, The Enugu state Governor-elect, has filed a N20 billion suit against the National Youth Service Corps, (NYSC) over alleged misrepresentation of facts.
Mbah filled the suit at the Federal High Court in Abuja seeking redress.
He alleged that NYSC conspired and misrepresented facts in supposition that his certificate of national service with number A808297 was not issued by them.
Consequently, he is demanding the sum of N20 billion.
Background
In Febuary, NYSC in a letter said Mbah`s certificate was not issued by them.
On Monday, Mbah through his lawyer, Emeka Ozoani ( SAN) brought an ex-parte application before the court.
He sought a declaration that he participated in the scheme vide a call-up letter number FRN/2001/800351; Lagos code LA/01/1532 and upon completion was issued certificate of National Service No. A80829.
Read Also : The judge gave the order on Friday
Court’s decision
Justice Ekwo in his ruling stopped NYSC from disclaiming Mbah`s certificate.
The judge granted the order sought pending the hearing and determination of the motion on notice for interlocutory injunction filed in this suit.
“An order of interim injunction restraining the defendants and respondents whether by themselves, their directors, officers, servants, legal representatives, counsel or any other person or persons howsoever described and connected, from issuing, publishing or continued to issue, publish disclaimer to the effect that the NYSC certificate of National Service dated 6th January 2003, certificate No. A.808297 issued to the plaintiff Barrister Mbah Peter Ndubuisi, in accordance with Section 11 of the National Youth Service Corps Decree No. 51 of 1993 was not issued by the National Youth Service Corps pending the hearing and determination of the motion on notice for interlocutory injunction filed in this suit,” Ekwo ruled.
Consequently, the trial judge ordered the applicant to serve the defendants
Ekwo also ordered Mbah to serve them with court processes within two days of the order.
He the adjourned to May 22 adding that the the plaintiff should put the defendants on notice.
However, in the fresh suit filled by Mbah, no date have been fixed for hearing
Reliefs Sought
“A declaration that the Defendants (NYSC and its Director, Corps Certification) conspired by fraudulent design, suppressed and misrepresented facts in supposition that the Plaintiff’s certificate of National Service with number A808297 was not issued by the Defendants, a fact they knew or ought to know as untrue, incorrect, which act constitutes an act of conspiracy.
” A declaration that the Defendants were negligent and maliciously misrepresented facts, which facts the Defendants know or ought to know as untrue and ought reasonably to have foreseen that damages would flow from such negligent misrepresentation of material facts.
“A declaration that the predominant purpose of the deceitful misrepresentation… was intended albeit to inflict damages in legal profession, politics, business, as it was to unlawfully profit the defendants.
“An order that the Plaintiff’s certificate of National Service number A808297 is authentic and was validly issued by the 1st defendant.
Mba’s affidavit
Parts of Mbah’s affidavit reads “That the plaintiff in view of the above was called up for the NYSC and was deployed to Lagos State, with the following particulars: Mbah Peter Ndubuisi; Call up letter No 01134613; reference No NYSC/FRN/2001/800351.
“That the plaintiff in the course of his NYSC programme aforesaid and after six months of NYSC, the Nigerian law School scheduled the commencement of the Bar Part II programme usually called Bar Finals.
“The plaintiff was offered admission to the Nigerian Law School by a letter dated June 20, 2002, the plaintiff applied to the State Director, NYSC, for deferment of NYSC year 2001/2002.
“Pursuant to paragraph 12 the NYSC directorate headquarters vide Ref: NYSC/DHQ/CM/M/27 approved the plaintiff’s application for deferment of NYSC Ref: LA/01/1532 of Aug.6, 2002.
“That the plaintiff upon completion of his NYSC service, was issued the NYSC certificate No. A808297 dated Jan.6, 2003, certifying that he completed the one year of NYSC from Jan.7, 2002 to Jan.6 ”.
