Mbah Vs NYSC: When Edeoga, LP, Took Desperation to Ridiculous Level
Odinaka Okechukwu
The reaction of the controversial candidate of the Labour Party in the Enugu State 2023 governorship election, Chijioke Edeoga, and his party to the lawsuit instituted by the Governor-elect of Enugu State and Peoples Democratic Party’s candidate, Dr. Peter Mbah seeking justice against the National Youth Service Corps, NYSC, for reputational damage to his person over his NYSC discharge certificate, has been at best hysterical, desperate, and now marked by a gross abuse of court process. They didn’t see it coming. And their uneasiness is written all over them.
Edeoga and the LP took impunity, desperation, and abuse of judicial process to another level by applying to be joined in the suit where, among other things, Mbah is asking for damages in the sum of N20 Billion “jointly/severally; for conspiracy, deceit, and misrepresentation of facts”. It is not surprising, for they thought they had him at the guillotine, as Mbah, knowing they would come out with nothing, smartly goaded them on by his long silence until they had wandered far into the forest. Yes, the Enugu opposition had everything planned out. They contacted a Law firm, Omas and Partners to write the NYSC in November 2022 purportedly to verify Dr. Mbah’s NYSC discharge certificate.
They already hired a compromised NYSC Director of Certification, Ibrahim Mohammad, to issue a poorly worded letter dated 1st February 2023, disclaiming Mbah’s NYSC discharge certificate WITHOUT ANY IOTA OF DUE DILIGENCE. They equally had a “Kabukabu” group, the “Total Support for the Rule of Law and Justice Initiative”, on standby to commence a direct criminal complaint and launch a well funded media offensive against him to either stop him from participation in the election or at least smear and make him unelectable. It is well known that this move was initiated and sponsored by the Enugu State APC to re-enact the Imo State Supreme Court and Bayelsa scenarios in Enugu State.
When Dr. Mbah raised the alarm that he was being defamed, they said go to court, sue the NYSC. But being a due process person, he quickly petitioned the NYSC, Department of State Services (DSS) and the Inspector General of Police to request that the matter be “thoroughly investigated and persons found culpable be prosecuted accordingly”. The opposition used another Civil Society Organisation (CSO), the Wellbeing Association, to drag Mbah to the FCT High Court, Abuja, over the same matter. Mbah won them, as the court upheld his discharge certificate based on the evidences before it. The group quickly appealed the matter, which is now before the Court of Appeal.
Then, like an opportunistic disease, the Enugu LP took over from there. After losing the election, they went on a campaign of calumny, hyping how Mbah would not be governor based on the same NYSC matter. They used another law firm, Silver & Co. Associates, to write the NYSC, where the same Muhammad, issued them with yet another defamatory disclaimer dated 18th April, 2023 despite the subsisting court judgment to the contrary. The Enugu LP began to splash it as advertorial in several national dailies, defaming Mbah. Each time Mbah complained, the Enugu LP and their supporters would tell Mbah to go to court.
Finally, Mbah went to court on 4th May, instituting suit number FHC/ABJ/09/611/2023 wherein he accused the NYSC and Muhammad of conspiracy, deceit, and misrepresentation of facts. Besides the N20 billion damages, he is seeking a declaration that he participated in the NYSC scheme for one calendar year vide a call-up letter number FRN/2001/800351; Lagos code LA/01/1532 and upon completion was issued certificate of National Service No. A808297; and that the Defendants “conspired by fraudulent design, suppressed and misrepresented facts in supposition” that his Certificate of National Service with number A808297 was not issued by the Defendants, a fact, he said, “they knew or ought to know as untrue, incorrect, which act constitutes the conspiracy”.
Furthermore, he seeks “A declaration that the Defendants were negligent and maliciously misrepresented facts… which facts the Defendants know or ought to know as untrue and ought reasonably to have foreseen that damages would flow from such negligent misrepresentation of material facts” as well as “A declaration that the predominant purpose of the deceitful misrepresentation… was intended albeit to inflict damages in (his) legal profession, politics, business, as it was to unlawfully profit the defendants”.
Other reliefs sought in the writ by his legal counsel, Emeka Ozoani (SAN) are: “An order that the Plaintiff’s certificate of National Service number A808297 is authentic and was validly issued by the 1st defendant.
“An order of perpetual injunction restraining the defendants either jointly/severally, their officers, servants in whatsoever manner and howsoever called from disclaiming/resiling/repudiating the certificate of National Service No. A808297 issued to the plaintiff, Barrister Peter Ndubuisi Mbah”.
Included in the 56-page court processes were copies of Mbah’s call-up letter for the NYSC and deployment to Lagos State with call-up No 01134613 and reference No NYSC/FRN/2001/800351; letter dated 11th March, 2002, addressed to the Director, NYSC, Lagos State with which Udeh & Associates accepted his posting/service vide Lagos State NYSC code LA/01/1532, NYSC No. NYSC/FRN/O1/800351; a letter dated 20th June 2002 with which Mbah applied to the State Director, NYSC, for deferment of NYSC year 2001/2002 to enable him go back to the Nigerian Law School for his Bar Final (Bar Part II, having used the interregnum between the end of his Bar Part I as an overseas graduate and the commencement of the Bar Final to undertake part of his one calender service year); a letter dated 1st October 2002 and with reference number NYSC/DHQ/CM/M/27 from the NYSC Directorate headquarters approving his application for deferment of NYSC Ref: LA/01/1532 of 6th August, 2002; a letter of 3rd April 2003 by Mbah in long hand and through the State Director, Lagos State, to the Director-General, NYSC, National Directorate headquarters, applying for re-mobilisation, having successfully completed his Bar Final exam; letter by the State Director, Lagos, State, dated 24th April 2003 (reference number LA/01/1532/T) forwarding his application to the DG, NYSC. The “T” alphabet at the end of the reference stands for temporary file.
Other exhibits/annexures include a 7th May 2003 reply by NYSC headquarters (reference number NYSC/DHQ/CM/27/20) to the State Director, Lagos, stating inter alia: “I am directed to refer to your letter of 24th April, Reference No. LA/01/1532/T on the above subject matter and to request you to re-instate the corps member to continue his service year from where he stopped, with effect from May 2003”; a letter of acceptance and confirmation of resumption of duty on 27/05/2003 Udeh & Associates, by his place of primary assignment; clearance letters for Mbah’s monthly allowances dated 26th June for payment of May and June, 2023 allowances, 29th August, 2003, for payment for July and August, 2003 allowances, 8th September, 2003 for payment of September, 2003; a final clearance letter dated 16th September, 2003 affirming that he served well; and a copy of the NYSC discharge certificate No. 808297 dated 6th January, 2003, certifying that he completed the one year of NYSC from 7th January, 2002 to 6th January 2003. Of course, a plethora of photographs were exhibited.
In view of the abundance of these documentary evidences, which the NYSC has not denied were authored by their officers, it makes no sense to say that Mbah would end up in Oluwole to procure a forged certificate after going through this whole process. Besides, the Nigerian Security Printing and Minting Company PLC (NSPMC) prints NYSC certificates, which have security features such as watermark and serial number. So far, the NYSC has not denied that the set of serial numbers on Mbah’s certificate exists. Neither has it or anyone produced another certificate with the particular number on Mbah’s certificate.
The question is: Does Mbah not reserve the right to sue the NYSC to cure an apparent mischief and ask for damages for harms done to his reputation as a Nigerian citizen, an internationally renowned entrepreneur whose company is the leader by miles in the Nigerian downstream petroleum sector, and a politician who needs to enjoy the trust of his people and public as governor? More so when all the relevant agencies, including the security agencies like the DSS and the police, which job it is to unravel forgery, and possibly even the NSPMC, should be in court or subpoenaed to give evidence.
So, what on earth is the business of Edeoga and LP on this matter, which is not an election petition? Why did Edeoga or LP not apply to be joined in the pending appeal in the aforementioned subsisting FCT High Court judgement affirming the authenticity of Mbah’s certificate, which Mbah frontloaded to the tribunal in response to Edeoga’s petition? Why are they fretting and obsessed with a legitimate quest by a citizen for justice to his soiled reputation? How could Edeoga and LP ask to be joined in a defamation suit against a national agency that doesn’t have anything to do with them?
There is only one plausible answer: their man, the Director of Corps Certification, is in trouble. He is due for retirement this June, but his benefits will have to wait until the end and outcome of Mbah’s lawsuit, which he (NYSC Director) is most likely to lose. “Yawaa don gas”. So, Edeoga, LP and his other accomplices are lining up a retinue of SANs to intimidate the trial judge and save the head of their man. This might have been part of the deal ab initio.
This is a despicable abuse of court process that must not only never be allowed to fly, but must be punished.
Comrade Odinaka is an activist and National Coordinator, Enugu Good Governance Group
Mbah Vs NYSC: When Edeoga, LP, Took Desperation to Ridiculous Level
Odinaka Okechukwu
The reaction of the controversial candidate of the Labour Party in the Enugu State 2023 governorship election, Chijioke Edeoga, and his party to the lawsuit instituted by the Governor-elect of Enugu State and Peoples Democratic Party’s candidate, Dr. Peter Mbah seeking justice against the National Youth Service Corps, NYSC, for reputational damage to his person over his NYSC discharge certificate, has been at best hysterical, desperate, and now marked by a gross abuse of court process. They didn’t see it coming. And their uneasiness is written all over them.
Edeoga and the LP took impunity, desperation, and abuse of judicial process to another level by applying to be joined in the suit where, among other things, Mbah is asking for damages in the sum of N20 Billion “jointly/severally; for conspiracy, deceit, and misrepresentation of facts”. It is not surprising, for they thought they had him at the guillotine, as Mbah, knowing they would come out with nothing, smartly goaded them on by his long silence until they had wandered far into the forest. Yes, the Enugu opposition had everything planned out. They contacted a Law firm, Omas and Partners to write the NYSC in November 2022 purportedly to verify Dr. Mbah’s NYSC discharge certificate.
They already hired a compromised NYSC Director of Certification, Ibrahim Mohammad, to issue a poorly worded letter dated 1st February 2023, disclaiming Mbah’s NYSC discharge certificate WITHOUT ANY IOTA OF DUE DILIGENCE. They equally had a “Kabukabu” group, the “Total Support for the Rule of Law and Justice Initiative”, on standby to commence a direct criminal complaint and launch a well funded media offensive against him to either stop him from participation in the election or at least smear and make him unelectable. It is well known that this move was initiated and sponsored by the Enugu State APC to re-enact the Imo State Supreme Court and Bayelsa scenarios in Enugu State.
When Dr. Mbah raised the alarm that he was being defamed, they said go to court, sue the NYSC. But being a due process person, he quickly petitioned the NYSC, Department of State Services (DSS) and the Inspector General of Police to request that the matter be “thoroughly investigated and persons found culpable be prosecuted accordingly”. The opposition used another Civil Society Organisation (CSO), the Wellbeing Association, to drag Mbah to the FCT High Court, Abuja, over the same matter. Mbah won them, as the court upheld his discharge certificate based on the evidences before it. The group quickly appealed the matter, which is now before the Court of Appeal.
Then, like an opportunistic disease, the Enugu LP took over from there. After losing the election, they went on a campaign of calumny, hyping how Mbah would not be governor based on the same NYSC matter. They used another law firm, Silver & Co. Associates, to write the NYSC, where the same Muhammad, issued them with yet another defamatory disclaimer dated 18th April, 2023 despite the subsisting court judgment to the contrary. The Enugu LP began to splash it as advertorial in several national dailies, defaming Mbah. Each time Mbah complained, the Enugu LP and their supporters would tell Mbah to go to court.
Finally, Mbah went to court on 4th May, instituting suit number FHC/ABJ/09/611/2023 wherein he accused the NYSC and Muhammad of conspiracy, deceit, and misrepresentation of facts. Besides the N20 billion damages, he is seeking a declaration that he participated in the NYSC scheme for one calendar year vide a call-up letter number FRN/2001/800351; Lagos code LA/01/1532 and upon completion was issued certificate of National Service No. A808297; and that the Defendants “conspired by fraudulent design, suppressed and misrepresented facts in supposition” that his Certificate of National Service with number A808297 was not issued by the Defendants, a fact, he said, “they knew or ought to know as untrue, incorrect, which act constitutes the conspiracy”.
Furthermore, he seeks “A declaration that the Defendants were negligent and maliciously misrepresented facts… which facts the Defendants know or ought to know as untrue and ought reasonably to have foreseen that damages would flow from such negligent misrepresentation of material facts” as well as “A declaration that the predominant purpose of the deceitful misrepresentation… was intended albeit to inflict damages in (his) legal profession, politics, business, as it was to unlawfully profit the defendants”.
Other reliefs sought in the writ by his legal counsel, Emeka Ozoani (SAN) are: “An order that the Plaintiff’s certificate of National Service number A808297 is authentic and was validly issued by the 1st defendant.
“An order of perpetual injunction restraining the defendants either jointly/severally, their officers, servants in whatsoever manner and howsoever called from disclaiming/resiling/repudiating the certificate of National Service No. A808297 issued to the plaintiff, Barrister Peter Ndubuisi Mbah”.
Included in the 56-page court processes were copies of Mbah’s call-up letter for the NYSC and deployment to Lagos State with call-up No 01134613 and reference No NYSC/FRN/2001/800351; letter dated 11th March, 2002, addressed to the Director, NYSC, Lagos State with which Udeh & Associates accepted his posting/service vide Lagos State NYSC code LA/01/1532, NYSC No. NYSC/FRN/O1/800351; a letter dated 20th June 2002 with which Mbah applied to the State Director, NYSC, for deferment of NYSC year 2001/2002 to enable him go back to the Nigerian Law School for his Bar Final (Bar Part II, having used the interregnum between the end of his Bar Part I as an overseas graduate and the commencement of the Bar Final to undertake part of his one calender service year); a letter dated 1st October 2002 and with reference number NYSC/DHQ/CM/M/27 from the NYSC Directorate headquarters approving his application for deferment of NYSC Ref: LA/01/1532 of 6th August, 2002; a letter of 3rd April 2003 by Mbah in long hand and through the State Director, Lagos State, to the Director-General, NYSC, National Directorate headquarters, applying for re-mobilisation, having successfully completed his Bar Final exam; letter by the State Director, Lagos, State, dated 24th April 2003 (reference number LA/01/1532/T) forwarding his application to the DG, NYSC. The “T” alphabet at the end of the reference stands for temporary file.
Other exhibits/annexures include a 7th May 2003 reply by NYSC headquarters (reference number NYSC/DHQ/CM/27/20) to the State Director, Lagos, stating inter alia: “I am directed to refer to your letter of 24th April, Reference No. LA/01/1532/T on the above subject matter and to request you to re-instate the corps member to continue his service year from where he stopped, with effect from May 2003”; a letter of acceptance and confirmation of resumption of duty on 27/05/2003 Udeh & Associates, by his place of primary assignment; clearance letters for Mbah’s monthly allowances dated 26th June for payment of May and June, 2023 allowances, 29th August, 2003, for payment for July and August, 2003 allowances, 8th September, 2003 for payment of September, 2003; a final clearance letter dated 16th September, 2003 affirming that he served well; and a copy of the NYSC discharge certificate No. 808297 dated 6th January, 2003, certifying that he completed the one year of NYSC from 7th January, 2002 to 6th January 2003. Of course, a plethora of photographs were exhibited.
In view of the abundance of these documentary evidences, which the NYSC has not denied were authored by their officers, it makes no sense to say that Mbah would end up in Oluwole to procure a forged certificate after going through this whole process. Besides, the Nigerian Security Printing and Minting Company PLC (NSPMC) prints NYSC certificates, which have security features such as watermark and serial number. So far, the NYSC has not denied that the set of serial numbers on Mbah’s certificate exists. Neither has it or anyone produced another certificate with the particular number on Mbah’s certificate.
The question is: Does Mbah not reserve the right to sue the NYSC to cure an apparent mischief and ask for damages for harms done to his reputation as a Nigerian citizen, an internationally renowned entrepreneur whose company is the leader by miles in the Nigerian downstream petroleum sector, and a politician who needs to enjoy the trust of his people and public as governor? More so when all the relevant agencies, including the security agencies like the DSS and the police, which job it is to unravel forgery, and possibly even the NSPMC, should be in court or subpoenaed to give evidence.
So, what on earth is the business of Edeoga and LP on this matter, which is not an election petition? Why did Edeoga or LP not apply to be joined in the pending appeal in the aforementioned subsisting FCT High Court judgement affirming the authenticity of Mbah’s certificate, which Mbah frontloaded to the tribunal in response to Edeoga’s petition? Why are they fretting and obsessed with a legitimate quest by a citizen for justice to his soiled reputation? How could Edeoga and LP ask to be joined in a defamation suit against a national agency that doesn’t have anything to do with them?
There is only one plausible answer: their man, the Director of Corps Certification, is in trouble. He is due for retirement this June, but his benefits will have to wait until the end and outcome of Mbah’s lawsuit, which he (NYSC Director) is most likely to lose. “Yawaa don gas”. So, Edeoga, LP and his other accomplices are lining up a retinue of SANs to intimidate the trial judge and save the head of their man. This might have been part of the deal ab initio.
This is a despicable abuse of court process that must not only never be allowed to fly, but must be punished.
Comrade Odinaka is an activist and National Coordinator, Enugu Good Governance Group
