The absence of Justice Inyang Ekwo of the Abuja Division of the Federal High Court on Monday stalled the hearing of a suit filed by Governor-elect Peter Mbah against the National Youth Service Corps (NYSC).
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Mr Ekwo was said to be on official assignment.
Mr Mbah had sued the NYSC and its director of corps certification, Ibrahim Muhammad, for publishing a disclaimer denying the issuance of a discharge certificate issued to him on January 6, 2003.
Mr Ekwo had, on May 15, restrained the NYSC, Mr Muhammad and any of their agents from engaging in such publication pending the hearing and determination of the substantive matter.
The order followed an ex parte motion moved by Mr Mbah’s counsel, Emeka Ozoani.
The judge, however, did not grant prayer two of the motion on the ground that it was said to be far-reaching. He said the second prayer was an issue to be adjudicated upon in the substantive suit.
Instead, Mr Ekwo ordered that the defendants be put on notice.
The judge, who directed the plaintiff to serve the defendants with court processes within two days of the order, fixed Monday for a hearing, but the court did not sit, and the matter, number 14 on the cause list, was adjourned until May 31 for a hearing of the motion on notice.
Mr Ozoani had brought the motion under section 13(1) & (2) of the FHC 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.
The motion ex parte was predicated on 10 grounds.
Mr Mbah said he was called up for NYSC and was deployed initially to Nigerian Ports Authority in Apapa for his primary assignment but was rejected by NPA.
“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 order to enable him to complete the bar final exam,” said his lawyer. “Thereafter, the plaintiff was remobilised to finish the NYSC programme, which he did complete.”
Mr Mbah further averred that upon completion of the NYSC, he was issued the certificate of National Service No. A.808297, dated January 6, 2003.
The NYSC had, on February 1, written a letter signed by Mr Muhammad, saying it did not issue a discharge certificate to Mr Mbah.
Mr Mbah of the Peoples Democratic Party (PDP) was declared the winner of the Enugu governorship election held on March 18 by the Independent National Electoral Commission (INEC).
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