Politics
Certificate Forgery: Court Dismisses NYSC’s Objection To Mbah’s Suit
The Abuja Division of the Federal High Court has dismissed the preliminary objection filed by the National Youth Service Corps (NYSC) against Governor Peter Mbah’s N20 billion suit over alleged certificate forgery.
Justice Inyang Ekwo, in a ruling, held that the preliminary objection lacked merit and ought to be dismissed.
Justice Ekwo said section 20 of the NYSC Act, 2004, which NYSC based its objection on, did not apply to Mr Mbah since he was not a serving corps member.
“Again, I am minded to agree with the plaintiff (Mbah) on whom the provision of Section 20 of the NYSC Act, 2004 applies. This means that the provision has a category of persons to whom it is applicable,” the judge explained.
”A keen perusal of the provision of Section 22 (1) and (2) of the Act would reveal that it sets out the person to whom the provision of Section 20 of the Act applies, which is a ‘member of the service corps’ which is defined to mean a person registered as a member of the service corps.”
He added, “It is then stated in section 21 (2) that for the purpose of the Act, the reference to a ‘member of the service corps’ includes, unless to the context otherwise requires or it is otherwise expressly provided, a prospective member of the service corps or any person who is a registered member.”
The judge stressed that the “major characteristic of the provision of section 21 (1) and (2) of the act is that the draftsman puts wordings thereof in the present tense and not past tense,” pointing out that it “makes the provision applicable to ‘a prospective member of the service corps or any person who is a registered member’.”
Justice Ekwo held that upon studying the statement of Mr Mbah’s claim, he found no averment or claim thereof where it was stated that the governor was either “a prospective member of the service corps or any person who is a registered member.”
According to the judge, it was settled law, without prejudice to the position of the law, that “the jurisdiction of a court is determined by the subject matter of the action and the claim before the court.”
“Consequently, I find that the substance of the preliminary objection of the defendants is not predicated on a proper interpretation of the provision of Section 20 of the NYSC Act, 2004 and therefore premised on erroneous consideration of the said provision,” the judge stressed.
“It is rather sad that this preliminary objection has been used to waste the time of the court and consequently divert proceedings in this case from the substantive matter.”
Justice Ekwo adjourned the matter until September 21 and 22 for hearing.
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 Jan.6, 2003.
On May 15, the judge restrained the NYSC, Mr Muhammad and any of their agents from engaging in such publication pending the hearing and determination of the substantive matter.
But the NYSC, in its preliminary objection dated May 19 and filed May 22, sought an order dismissing or striking out the suit for want of jurisdiction and competence.
The NYSC had, on February 1, written a letter signed by Mr Muhammad saying that the agency did not issue the NYSC certificate belonging 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).
Members of the Lagos State House of Assembly, on Monday, passed a vote of confidence in Mojisola Meranda as the Speaker of the Assembly.
The lawmakers expressed their confidence in her leadership at the plenary, which Rt Hon. Meranda presided over amidst tight security.
The Tide’s source reports that there was a growing tension at the assembly as legislative workers protested against the alleged plans to remove Rt Hon. Meranda as the Speaker of the Assembly.
The legislative workers also clashed with the operatives of the Department of State Security (DSS) who, in the early hours of Monday, stormed the assembly and sealed Rt Hon. Meranda’s office alongside that of her Deputy and the Clerk.
Our source had reported how armed security personnel took over the complex at Alausa, Ikeja, leading to palpable tension among the lawmakers and workers of the assembly.
There are indications that the ongoing imbroglio at the assembly following the removal of Mudashiru Obasa as Speaker on January 13 has not abated.
The Monday’s drama came a few days after Mr Obasa, who was removed for alleged abuse of office and corruption, dragged the state lawmakers to court, challenging his removal as the Speaker of the Assembly.
There are alleged plans to return Mr Obasa as the Speaker, a development which has further heightened tension at the assembly.
The Tide’s source reports that when Meranda arrived the assembly complex amidst tight security around 11:15 am on Monday, many legislative workers showed solidarity with the first female Speaker over alleged plans to remove her.
“Meranda we want”, “Meranda We want”, the workers were chanting in a short video clip.
Rt Hon. Meranda visibly overwhelmed by emotion was surrounded by her security details amid the chaotic atmosphere.
Inside the chamber, officials of the DSS clashed with the legislative workers, leading to commotion.
The DSS officials, dressed in black jackets and helmets and armed with weapons, struggled with the workers at the door.
The Tide’s source gathered that, with support from the legislative workers, lawmakers had earlier forced their way into the chamber around 12:30 pm.
It was further gathered that Rt Hon Meranda and about 32 members were present at the plenary.
A short video clip of the plenary showed that all the lawmakers in attendance had passed a vote of confidence on Rt Hon Meranda.
“Madam Speaker, all members standing before you, I move a motion to say that we do pass the vote of confidence on Rt Hon Mojisola Lasbat Meranda”, a lawmaker said.
The motion was supported by all members in attendance.
The Peoples Democratic Party (PDP) and the All Progressives Congress (APC) in Osun State, on Monday, traded words over the alleged killing of three persons.
Members of both parties were locked in battle for the control of some local government secretariats. While two persons were killed in Iragbiji in Boripe Local Government Area, another was killed in Irewole Local Government Area.
There had been tension across the state over the Court of Appeal judgment in respect of the sacked APC council chairmen and councillors.
While the PDP claimed that the Feb. 10 judgment of the Court of Appeal, Akure, did not reinstate the sacked APC chairmen and councillors elected in 2022, APC insisted on their return.
Speaking with journalists in Iragbiji, Korede Ajeigbe, the commissioner for government affairs and protocol, claimed that two PDP members were killed while trying to prevent APC members from taking over a secretariat.
Mr Ajeigbe also said that six PDP members were seriously injured and were currently receiving treatment in the hospital.
APC, however, alleged that PDP members attacked its members while trying to enforce the Court of Appeal judgment.
Addressing a news conference in Osogbo, Bayo Adeleke, a chieftain of the APC, claimed that one of the party’s prominent members was killed during the crisis.
He also alleged that another member of the party, Remi Omowaye, escaped an assassination attempt in Ilesa.
Mr Adeleke, a former commissioner for local government and chieftaincy affairs, urged the state government to allow peace to reign by allowing the APC chairmen and councillors to return to office.
Another chieftain of the party, Jamiu Olawumi, claimed that APC chairmen had resumed in 15 local governments of the state.
This claim, however, could not be immediately verified.
When contacted, the police spokesperson in the state, CSP Yemisi Opalola, said she was yet to be briefed on the alleged killings.
Ms Opalola, however, said police officers had been deployed to all the local government secretariats in the state to prevent breakdown of law and order.
Meanwhile, Gov. Ademola Adeleke has directed workers as well as politicians to stay away from local government secretariats to avoid further bloodshed.
Mr Adeleke, in a statement by his spokesperson, Olawale Rasheed, said only security agents would be allowed to keep watch at the secretariats.
He condoled with families of victims of the crisis.
Leader of the 8th Opobo/Nkoro Legislative Assembly, Barrister Samuel Nengia, has passed a vote of confidence on the Chairman of the LGA, Dr. Enyiada Cookey-Gam, as he marked his first one hundred days in his second term in office.
Speaking with newsmen recently in Port-Harcourt on Dr Cookey-Gam and the celebration of his first one hundred days in office, among other people-oriented development projects and programmes, Nengia argued that the Chairman and his team have recorded unprecedented developmental strides, which includes infrastructure transformation, empowerment, security, human capital development, payment of the approved N85,000. 00 minimum wage to Opobo/Nkoro workers’, among others.
He pointed out that his commendation was apt as the activities of the Chairman had been monitored and discovered to reflect the expectations and yearnings of the people, especially, the promotion of council staff, the refurbishment of the Assembly Complex to standard, the construction of Corpers’ Lodge, the provision of effective transportation system for the well-being of the people in the area.
Hon. Nengia, representing Opobo/Nkoro Ward 6, averred that the people of the LGA could now sleep with their eyes closed owing to Dr Cookey-Gam’s achievements in in the security sector.
He added that the vote of confidence the Council’s number one citizen would strengthen him to deliver more democratic dividends to Opobo/Nkoro people.
He admonished Opobo/Nkoro people to rally support for the Chairman to perform creditably well for the well-being of the electorate in the area.
Meanwhile, Barr. Samuel Nengia, has thanked Governor Siminalayi Fubara for appointing three illustrious sons of Opobo/Nkoro Local Government Area into positions of trust vis former Commissioner for Education, Dr. Tamunosisi Gogo Jaja, as Chairman, Rivers State House of Assembly Service Commission; former Secretary of Opobo/Nkoro Local Government Area, Engr. Edward Namiesimagha, as Chairman, Rivers State Waste Management Agency (RIWAMA) and Surveyor Peter Ogolo, as Surveyor-, General of the state.
Hon. Nengia, who described the appointments as well deserved, however, enjoined the appointees to bring their leadership wealth of experience to bear in the herculean tasks of reviving their various areas of jurisdiction.
Bethel Toby