ABUJA, Nigeria – Enugu State Governor, Peter Mbah, has filed an application before a Federal High Court in Abuja on Thursday, June 22, 2023, to seek the imprisonment of the Director-General, DG, of National Youth Service Corps, NYSC, Brigadier General Yusha’u Ahmed, for alleged disobedience to a court order.
The application was filed through Governor Mbah’s lawyer, Emeka Ozoani (SAN), before Justice Inyang Ekwo.
The Governor accused the NYSC DG of violating a court order dated May 15, 2023, which restrained him from issuing or publishing a disclaimer stating that a certificate of national service issued to Governor Mbah on January 6, 2003, was not issued by the NYSC.
The certificate in question has the number A.808297.
In a Form 49 filed in accordance with Order IX, Rule 13, Judgment Enforcement Rules of the Sheriffs and Civil Process Act, CAP. S6, Laws of the Federation of Nigeria, 2004, it was stated, “The plaintiff applies to this court for an order for your committal to prison for having disobeyed the order of this court.”
A Form 48 attached to the application warned that failure to obey the court order would result in being guilty of contempt of court and liable to imprisonment.
Governor Mbah initially sued the NYSC and its Director of Corps Certification, Mr. Ibrahim Muhammad, after the NYSC published a disclaimer denying the issuance of the discharge certificate to him.
On May 15, 2023, Justice Ekwo restrained the NYSC and its agents from engaging in such publication pending the hearing and determination of the substantive matter.
The NYSC, in a preliminary objection, argued that the suit should be dismissed or struck out for lack of jurisdiction and competence, stating that the Governor did not appeal to the president as required by Section 20 of the NYSC Act before instituting the suit.
They argued that an appeal to the president was a condition precedent for instituting legal action against them.
Governor Peter Mbah, who belongs to the Peoples Democratic Party, PDP, was declared the winner of the Enugu state governorship election held on March 18, 2023, by the Independent National Electoral Commission.
The court did not sit as scheduled and the case has been adjourned until July 4, 2023.
