The court, in a ruling that was delivered by Justice Inyang Ekwo, directed that the restraining order should be served on NYSC’s Director of Corps Certification, Mr. Ibrahim Muhammad.
The order followed an ex-parte application that was brought before the court by the embattled governor-elect who was accused of submitting a forged NYSC certificate to the Independent National Electoral Commission, INEC.
Mbah had in the application he filed through his team of lawyers led by Mr. Emeka Ozoani, SAN, maintained that contrary to the allegation against him, he was on January 6, 2003, issued a certificate of service No. A. 808297, upon the completion of his NYSC.
He told the court that after he studied law and graduated from the University of East London in 2000, he returned to Nigeria and as a pre-requisite to practice as a lawyer, applied and was admitted into the Bar Part 1 programme of the Nigerian Law School.
“The plaintiff upon competing the Bar Part 1 exam had to wait for the Bar Part II programme. He was advised that instead of spending time idling around should proceed to the mandatory one year NYSC programme.
“The plaintiff was initially posted to Nigerian Ports Authority Apapa Quays for his primary assignment but was rejected by NPA. Subsequently, the plaintiff secured 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 other to enable him complete the Bar final exam.
“Thereafter, the plaintiff was re-mobilized to finish the NYSC programme, which he did completed.”
He told the court that he was called up for the NYSC and was deployed to Lagos where he served as a corp member.
Mbah alleged an attempt to smear his public image through the publication of a disclaimer by the NYSC to disown his certificate.
“The applicant/plaintiff has a legal right to protect in this application and the subsequent suit.
“The substantive suit has presented serious issues of law and facts for this honourable court’s determination, as the substantive suit discloses a reasonable cause of action against all the defendants/respondents,” he averred.
Cited as 1st and 2nd defendants in the suit marked: FHC/ABJ/CS/611/2023, are the NYSC and its Director, Corps Certification, Muhammad.
Meanwhile, after he had listened to counsel to the plaintiff, Justice Ekwo, granted the first relief on the ex-parte application.
Specifically, the court, in its ruling, issued; “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”.
Justice Ekwo ordered the service of the court processes on the defendants, within two days, even as he adjourned further proceedings on the matter till May 22.