Court Restrains NYSC From Publishing Disclaimer Against Enugu Governor-elect

Justice Inyang Ekwo of the Federal High Court sitting in Abuja has restrained the National Youth Service Corps (NYSC) and its director, Corps Certification, Ibrahim Muhammad, from issuing, publishing or continued to issue, publish disclaimer to the effect that the NYSC certificate of national service dated January 6, 2003, issued to the governor-elect of Enugu State Mbah Peter was not issued by the NYSC.

The judge made the order upon an ex-parte motion dated May 4, 2023, which was moved by Emeka Ozoani (SAN), on behalf of the applicant.

 Ozoani brought the motion under Section 13(1) & (2) of the Federal High Court 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.

 After listening to 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.”

Consequently, the trial judge ordered the applicant to serve the defendants with court processes within two days of the order.

The motion ex parte was predicated on 10 grounds, which are as follows: “The plaintiff states that after graduating in law from the University of East London in 2000, retuned 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 programme of the Nigerian Law School.”

 Mbah said upon completing the Bar Part 1 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 National Youth Service Corps programme.

 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 approval to defer the NYSC in other to enable him complete the Bar final exam.

 “Thereafter, the plaintiff was re mobilized to finish the NYSC programme, which he did complete”.

Mbah averred that upon completion of the NYSC service, he was issued the certificate of National Service No. A.808297 dated 6th January 2003.