Court restrains NYSC director, others from publishing disclaimer on Mbah
Justice Inyang Ekwo of a Federal High Court sitting in Abuja has granted an order, restraining the National Youth Service Corps (NYSC), its Director, Corps Certification, Ibrahim Muhammad, and others from issuing disclaimer on NYSC certificate of the Enugu State governor-elect, Dr. Peter Mbah.
Justice Ekwo issued the order, following the ex-parte application filed by the plaintiff’s counsel, Emeka Ozoani, praying the court for an interim order of injunction.
Mbah’s suit, marked FHC/ABJ/CS/611/2023, was brought under Section 13 (1) & (2) of the Federal High Court Act Cap F.12 Vol. 6 LFN and under Order 26 Rule 6 (1) of the Federal High Court Civil Procedure Rules 2019.
While moving the application, Ozoani told the court that the ex parte application, dated May 4, 2023, was attached with six exhibits.
Mbah, in his application prayed: “An order of interim injunction, restraining the defendants and respondents, whether by themselves, their directors, officers, servants, legal representatives, counsel or any other persons, however described, from issuing, publishing or continue to issue or publish a disclaimer to the effect that the NYSC certificate of national service, dated January 6, 2023, certificate No. A. 808297, issued to the plaintiff, Mbah, in accordance with Section 11 of the National Youth Service Corps Decree No.15, was not issued by NYSC, pending the hearing and determination of the motion on notice for interlocutory injunction filed in the suit.
“Restraining the defendants individually, collectively, whether by themselves, their directors, officers, servants, counsel, professional advisers, legal representatives, tribunal or any other person natural or legal, in receipt or knowledge of publication of the disclaimer by the defendants in supposition that the NYSC certificate of service No. A.808297, belonging to Mbah, was not issued by the defendant not to rely, countenance or accord any probative evidential value on it, pending determination of the motion on notice.”
Ozoani told the court that the application is supported with 13 grounds and a 30-paragraphed affidavit.
He urged the court to grant the application, as well as accelerated hearing of the motion on notice.
However, in his ruling, Justice Ekwo, in granting the prayer, held that he has read the process that constituted the motion ex-parte in the matter. He, therefore, granted prayer one.
The judge subsequently adjourned the matter to May 22 for hearing.