A Federal High Court in Abuja, on Monday, dismissed the allegations of forgery of a discharge certificate brought against the Enugu State Governor, Barrister Peter Mbah, by the National Youth Service Corps (NYSC).
The trial Judge, Justice Inyang Ekwo threw away the allegations following the inability of the Corps to prove and defend the allegations as required by law.
The judge, in a judgment in a suit by the governor against the NYSC, imposed a fine of N5 million on the NYSC to be paid jointly to the plaintiff for suppressing facts and conspiring against him in the heinous allegations.
The court held that with the unchallenged evidence of the plaintiff on how the discharge certificate was issued to him in 2003 by NYSC after serving in a law firm in Lagos and the inability of the Corps to come up with counter-evidence, it was crystal clear that the plaintiff served the mandatory one-year service.
Among others, Justice Ekwo held that while the onus to prove forgery allegations lies heavily on the NYSC, it failed, leaving Mbah’s evidence heavier and more believable.
Mbah had sued the NYSC and its Director, Corps Certification, Ibrahim Muhammad, for publishing a disclaimer, denying the issuance of a discharge certificate issued to him on January 6, 2003.
The NYSC had, in a letter dated February 1 and signed by Ibrahim Muhammed, said, the Corps did not issue the NYSC certificate in Mbah’s possession.
Justice Ekwo, in his judgement confirmed the authenticity of the NYSC Certificate of the Enugu state governor.
According to the Judge, the evidence before the court showed that the governor, though was mobilized for service in 2001 however, completed his service in 2003.
The court held that, Mbah midway into his service, sought and received permission from NYSC to attend the Nigerian Law School, and was reinstated into the NYSC in 2003.
Besides, the judge pointed out that while the evidence that Mbah served in the law firm of one Udeh was not challenged by the NYSC, he berated the corp for not charging the governor for forgery if they actually believed that they didn’t issue the said NYSC certificate to him.
He held that the NYSC was mischievous and acted in bad faith by denying Mbah’s NYSC certificate.
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