Election Tribunal: Between Mbah, NYSC and DSS

PERSPECTIVE

Samson Ezea

I have passionately and attentively followed and monitored the proceedings at the Enugu  governorship election tribunal, where parties have opened and closed their cases and defences.  While the All Progressives Grand Alliance (APGA) governorship candidate, Frank Nweke Jr withdrew his case against Mbah after it ended in a cul de sac, that of Uche Nnaji of All Progressives Congress (APC) has been dismissed both at the tribunal and Appeal Court, leaving the stage for Barr. Chijioke Edeoga of the Labour Party (LP) and Barr. Peter Ndubuisi Mbah of the Peoples Democratic Party (PDP).

One incident that mostly caught my interest and attention at the tribunal is the allegation of NYSC certificate forgery against Mbah that has been the bone of contention even before the elections. I was quite conversant with the matter before it came to the tribunal. I had always followed it and privately asked myself repeatedly; of what purpose or intent did Mbah submit his NYSC certificate, when he knew it was fake and not a constitutional requirement for one to be governor? 

I am aware that Mbah has dragged NYSC to court on the matter insisting on his innocence and claiming damages. I am quite aware that the NYSC had issued disclaimers twice about the certificate and that the DG of NYSC granted a live television interview disclaiming Mbah’s certificate. I had wondered how the truth in this case would be unraveled and resolved especially in the light of the fact that the two parties (Mbah and NYSC) strongly stood their grounds. Some persons, most especially the oppositions were already dismissive of Mbah’s claim of innocence with a fixated and emotional conclusion that the issuing authority is infallible and can never be wrong,  Mbah and his supporters had never been daunted by this biased conclusion. Mbah had continously maintained his innocence and remained unrelenting and unruffled in his fight to prove it beyond reasonable doubt. I also knew that this allegation of NYSC certificate forgery was originally levelled against Mbah by some stakeholders and leaders of All Progressives Congress in Enugu and not the Labour Party governorship candidate, Barr.Edeoga and his supporters.  

I can’t reconnect or remember Enugu APC publicly stating the reasons they abandoned pursuing the allegation or taking it to court, before the Labour Party usurped it and held unto it tenaciously and emotionally. While Enugu Labour Party members and supporters were celebratory of the allegation and used it against Mbah in the election, it didn’t stop Mbah from winning the election and being sworn in as Governor.  

Still basking in the utopian euphoria and standing firmly on his claim that Mbah submitted forged NYSC certificate to INEC, the Labour Party governorship candidate, Barr. Edeoga included the allegation in the petition he filed against Mbah at the tribunal. Led in evidence against Mbah on the matter at the tribunal was NYSC Director Of Certification, who is also a senior personnel of the Corps.

With this, many erroneously believed that it was over for Mbah and his supporters. The oppositions particularly the Labour Party that brought the case before the tribunal believed that the case had been fought and won with the appearance of the NYSC staff to testify against Mbah. Their premises for this has been that the issuing authority has the final say and is infallible.

The appearance of the DSS personnel, Yayaha Isa Mohammed, who was led in evidence at the tribunal exposed the rot in NYSC, indicted the Corps and exonerated Mbah of any certificate forgery. The DSS personnel berated NYSC for poor record keeping and lack of transparency in handling of their activities and affairs. One can confidently say that with the DSS report which has been admitted as evidence at tribunal, Governor Mbah and supporters have felt sigh of relief and vindication. To me, the little confusion in my mind before now on how best to unravel the truth in Mbah’s certificate forgery allegation and resolve it has been laid to rest by the DSS report. My phony  anxiety and fears over the case has ceased.  

There is no better, legal and constitutional way of unraveling and resolving it than the involvement of the security agency. It could be recalled that it was the same DSS that was invited to investigate the case of Mmesoma, the young Anambra girl that forged her JAMB result.  Even when JAMB insisted that she forged the result, she kept on denying it until she was confronted with overwhelming evidence by the security agency. JAMB further provided clues on how such a result could be forged on the internet and showed evidently the difference between the fake and original JAMB result. 

    Since the appearance of the DSS personnel and presentation of his report to the tribunal which has been admitted, neither the DSS has issued a public statement disowning its personnel nor has NYSC put up a rebuttal dismissing their indictment by DSS report on the matter. This is the least of what is expected of these two bodies if there is anything wrong or illegal in what happened at the tribunal. NYSC is not known to be speaking  or issuing statement by proxy. After all, they had issued two disclaimers over Mbah’s certificate and their garrulous DG had spoken unguardedly and carelessly about it before now. Nothing stops the NYSC from issuing a statement to dismiss DSS report if they are sure of their innocence and transparency in the Mbah’s certificate saga.

I read one story attributed to Emmanuel Onwubiko of the Human Rights Writers Association of Nigeria (HURIWA) claiming without attributing to any verifiable or identifiable sources in the NYSC, that NYSC is insisting on their stand that Mbah’s certificate is fake. I have as well seen and read many fabricated and peddled social media stories and articles in that direction typical of Labour Party social media urchins’ handiwork trying to dismiss or rubbish the DSS personnel’s appearance and reports. I have argued with some people on many social media platforms as it concerns the DSS personnel’s appearance and his report on the certificate forgery. I have always asked these questions, why do some people believe NYSC’s position hook, liner and sinker and are critical and doubtful of the report of foremost security agency that has the constitutional and legal power to investigate alleged criminal case of this nature? Why doubting the true identity of the DSS personnel or casting aspersions at him when his agency has not denied him or his appearance at the tribunal? These are simple questions that have straightforward answers.

With due respect to Mr. Emma Onwubiko of HURIWA, who was my senior colleague and a known journalist before now, when did NYSC start to speak by proxy especially on a matter they have confidently issued two disclaimers and their DG has spoken on live television before now? When did HURIWA or Onwubiko become NYSC’s spokesman? There should be limit to human rights activism especially in a delicate matter like allegation of certificate forgery. Where was HURIWA for Mbah, when NYSC and the Labour Party’s social media mountebanks were smearing his hardearned reputation over this certificate forgery allegation even when no court has indicted him? If  HURIWA is truly an altruistic human right advocacy group, they would have been there for  Mbah instead of the NYSC.

For those of them on different social media platforms exuding emotions and sentiments over the matter and doing everything possible including questioning the constitutionality of the DSS  personnel’s appearance and the validity of his report to see if they can rubbish it, they are not tribunal judges, although they are entitled to their opinions, supports and beliefs. It is within their rights to support Edeoga or whoever they like, likewise me, but we all know that in law, there is no room for sentiments and emotions.

Nothing speaks volume than truth and facts. That is why truth is constantly sacred and opinions vary. I am ardent believer of truth. I bow to superior arguments or submissions laced with facts and incontrovertible evidences. I am of the strong view and belief that justice will done by the tribunal judges on the matter with the overwhelming evidences before them. The difference is clear. The truth is obvious and can always speaks for itself anytime, no matter how one tries to bury, emblish or rubbish it.

Just like before now, Mbah has used this case to prove a point, which is that an issuing authority can be challenged and proved  otherwise, when one is innocent, has means and capacity. Mbah has done this with utmost dexterity, diligence and organisation. He carefully kept safe all his NYSC documents which included his call up letter, correspondences between him and NYSC and others for years as if he knew that a day like this will come. This is very wonderful and unlike many personalities.   

I am quite convinced that after this case, NYSC will go back to the drawing board to rejig and upgrade her system. It is quite appalling and disgracing that in this era of technological revolution and evolution, NYSC has not digitalised its discharge certificates in a way that one can click on a computer or phone button from anywhere in the world and access them easily.

As we await tribunal judgment, until or unless NYSC or DSS publicly disowns what transpired at the tribunal as it concerns allegation of certificate forgery against Mbah, all those trying to discard,  rubbish or dismiss it on social media platforms are playing to the gallery, building castle in the air and expressing their emotions and anger that have no place in law.