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Court Restrains NYSC From Publishing Disclaimer Against Enugu Gov-elect, Mbah

A Federal High Court sitting in Abuja on Monday restrained the National Youth Service Corps (NYSC) and its Director, Corps Certification, Ibrahim Muhammad, from issuing and publishing of disclaimer to the effect that the NYSC certificate of national service dated January 6, 2003, issued to the Enugu state Governor-Elect, Barrister Mbah Peter was not issued by the NYSC.

The trial Judge, Justice Inyang  Ekwo, gave the order while ruling on an exparte motion dated May 4,  moved by Emeka Ozoani (SAN) on behalf of the Enugu state governor-elect, who is the applicant in the motion.

After hearing Mbah’s counsel, Justice Ekwo granted prayer one on the motion paper for “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.”

The trial judge consequently ordered the applicant to serve the defendants with court processes within two days from the day the order was given.

The exparte motion was predicated on ten grounds, one of which is that “The plaintiff states that after graduating in law from the University of East London in 2000, returned to Nigeria and as a pre-requisite to practice as Barrister and solicitor of the Supreme Court of Nigeria, applied and was admitted into the Bar part 1 program of the Nigerian Law School”.

Mbah said upon completing the Bar Part 1 Exam, he had to wait for the Bar Part 2 program and was advised that instead of spending time idling around, he should proceed to the mandatory one-year National Youth Service Corps program.

The plaintiff said he was called up for the NYSC and was deployed initially to Nigerian Ports Authority (NPA) Apapa Quays for his primary assignment but was rejected by NPA before securing the law firm of Ude & Associates.

“The plaintiff, in the course of his service year and after six months of NYSC, applied and was admitted and given the approval to defer the NYSC program to enable him to complete the Bar final exam.

Thereafter, the plaintiff was re-mobilized to finish the NYSC program, which he did complete,” and upon the completion of the NYSC program, he was issued the certificate of National Service No. A.808297 dated 6th January 2003.

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