Justice Inyang Ekwo of the Federal High Court Abuja has dismissed the preliminary objection filed by the National Youth Service Corp (NYSC) against the Governor of Enugu State, Peter Mbah’s 20 billion naira suit over alleged certificate forgery.
In his ruling, Justice Ekwo held that the provisions of Section 20 of the NYSC Act do not relate to Mbah, as he is not currently a serving NYSC member, an intended one or an employee of the corps.
At the last adjourned date, the counsel for NYSC had argued that Mbah contravened the NYSC Act in the institution of the suit.
While urging the court to strike out the suit, he said Mbah did not appeal to the President as required by the provisions of Section 20 of the NYSC Act before instituting the suit against them.
Mbah’s counsel urged Justice Ekwo to dismiss the objection on the grounds that the sections cited in the NYSC Act, were not applicable in the instant suit and that a counter affidavit and written address had been filed in response to the preliminary objection.
