Disquiet in LP’s Camp as INEC, DSS Clear Mbah of NYSC Certificate Forgery

The allegation of forgery of National Youth Service Corps certificate levelled against the Governor of Enugu State and Peoples Democratic Party candidate, Peter Mbah, by the Labour Party governorship candidate, Mr. Chijioke Edeoga, has put his petition in doubt with the testimonies of the Department of State Services and the Independent National Election Commission, writes Wale Igbintade

The petition filed by the Labour Party (LP) governorship candidate in Enugu State in the March 18 election, Mr. Chijioke Edeoga, suffered a major setback penultimate last week when the Department of State Services (DSS) debunked claims that the Governor of Enugu State and Peoples Democratic Party (PDP) candidate, Peter Mbah, forged his National Youth Service Corps (NYSC) discharge certificate.

Mbah’s NYSC discharge certificate has been a subject of controversy between the governor and the NYSC, with the Director General of NYSC, Brigadier General Y. D. Ahmed, categorically claiming that the certificate with number A808297 Mbah is parading was forged and that it was not issued by them. But Mbah has insisted that it was genuine and issued by the institution.

The DSS made its position known in a written statement on oath adopted by its representative, Mr. Yahaya Isa Mohammed, at the ongoing Enugu State Governorship Election Petition Tribunal as Mbah called two witnesses to open his defence last Wednesday.

Giving evidence, the subpoenaed DSS Deputy Director, Operations and Strategic Department, said the security agency commenced an investigation into the discharge certificate controversy, following a petition to it by Mbah dated February 8, 2023. The service said the certificates in a series that included Mbah’s, were found to have been issued to corps members in Lagos, contrary to the NYSC’s claim.

It frowned on the NYSC’s misplacement of the governor’s original file and opened a temporary one for him, noting that the corps was also unable to trace to whom or which state or states of the federation 12 of its certificates, A808297 to A808308, were issued.

The secret police said: “The failure of the NYSC to maintain a proper record-keeping system was the cause of its inability to trace Mbah’s initial certificate”, adding “It would be wrong for the NYSC to blame Peter Ndubuisi Mbah for its own failure in record keeping.”

Mohammed said the investigation revealed: “That there were exchanges of correspondences between Mbah and the NYSC at every stage of their interactions. Mbah did not take any action without the NYSC’s approval.

“That Mbah’s file with the NYSC got missing at some point in time and NYSC started using a temporary file for him. For instance, in NYSC response to his application for deferment, the file number was LA/10/1532, while in their response to his remobilisation application, the file number was LA/01/1532/T. That there was a mix-up in his record as a result of the missing file.

 “That the difference in Mbah’s certificate number compared to others that were mobilized at the same time, is due to the inability of NYSC to trace the initial file where the first certificate A678 was.”

According to him, “from the documents presented by NYSC regarding certificate numbers, about 12 certificate numbers (A808297-A808308) which include that of Mbah, remained unaccounted for in the eight series by the NYSC.”

The DSS said it came to its conclusion relying, among others, on the verified documents submitted by Mbah and the NYSC, most of which it said were “one and the same”.

Documents tendered by Mbah, according to the agency, include the correspondence between Mbah and the NYSC at every stage of their interactions: Mbah’s call-up letter with Serial Number: 0134613, Reference Number: NYSC/FRN/2001/800351 and deployment state – (Lagos); and Mbah’s posting letter with reference number LA/01/1532 to Udeh & Associates for his primary assignment.

The documents also include Mbah’s signed monthly clearance letter for 11 months from Udeh & Associates law firm, Lagos; signed final clearance letter from Udeh & Associates law firm, Lagos dated September 2003; Mbah’s application for deferment of his service year; NYSC’s approval of his application for deferment; and Mbah’s application for reinstatement to complete his service.

Others are NYSC’s approval of his application for reinstatement (with Reference Number: LA/01/1532/T): letter from Udeh & Associates law firm in Lagos, confirming that Mbah served with the firm and ensuing clearances including the final clearance were issued to him; and Mbah’s NYSC Certificate of National Service with number A808297.

The lead counsel to Labour Party and the petitioner against Mbah in the matter, Chief Awomolo Adogoke, SAN, had during the cross-examination, sought to know from the DSS representative if his coming was official and authorised by the Director General of the agency, which the witness responded in the affirmation. He addec he was in court following the subpoena by the tribunal.

Continuing, the DSS said it further found that the failure of the NYSC to maintain a proper record keeping system was the cause of its inability to trace Mbah’s initial certificate”, adding that “it would be wrong for the NYSC to blame Peter Ndubuisi Mbah for its own failure in record keeping”.

The agency, therefore recommended: “That the NYSC should retract its initial letter that Peter Ndubuisi Mbah’s certificate was not issued by it, as it has failed to trace its records for 12 certificates (A808297-A808308), inclusive of Peter Ndubuisi Mbah’s; that the NYSC, the petitioner as well as other relevant action agencies such as the Independent National Electoral Commission (INEC) and Secretary to the Government of the Federation (SGF) be intimated about the outcome of the investigation and;  that the NYSC be requested to explain how 12 certificates with serial numbers (A808297 to A808308) are still unaccounted for, as well as be requested to trace the said certificates”.

The testimony of the DSS agent followed that of the subpoenaed witness from the Independent National Election Commission (INEC), Mr. Dimas Friday Emmanuel, who was called by Edeoga. He told the tribunal the discharge certificate submitted to the commission by Mbah was certified by the NYSC.

Emmanuel, while under cross-examination by Mbah’s lawyer, Chief Wole Olanipekun (SAN), averred that the governor’s NYSC discharge certificate was forwarded to the NYSC for authentication, stressing that the NYSC certifies only a document emanating from it.

Chief Olanipekun had said to the INEC witness, “Have a look at Exhibit EPT01/A, B, and C, particularly the NYSC certificate there, that certificate which you said Mbah forged was certified by the NYSC”, to which he replied in the affirmative.

“Am I correct to say that NYSC can only certify a document in its possession and a document emanating from the institution?” Again, he said “yes”.

Upon further cross-examination by the counsel to the PDP, Dr Alex Iziyon (SAN), the witness, who is a legal practitioner, also admitted that Mbah’s NYSC certificate carried a stamp of the NYSC, certifying the document.

“Look at Exhibit 08A and B, there is an NYSC Certificate, it carries a stamp of NYSC, certifying that document”, Iziyon had asked, to which the witness answered “Yes”.

Emmanuel further confirmed that the name on the said certificate was Mbah Peter Ndubuisi, that it was dated January 6, 2003 and that the certificate number was also A808297.

Meanwhile, Emmanuel confirmed upon cross-examination that LP’s governorship candidate, Edeoga’s name, was not contained in Exhibit 16, being the LP membership register for Enugu, which he also tendered.

 Efforts by Edeoga’s lawyer, Ehitayo Fatomi (SAN), to have the court refuse the admission of the register was overruled by the court.

For now, there is absolute disquiet in Edeoga’s camp over the testimonies of the representatives of the DSS and INEC.

Addressing journalists after the proceedings, a member of the defence team, Ikechukwu Onuoma, said all the allegations raised against his client had been convincingly debunked by the two witnesses.

“Today, during the proceedings, we had opened our case with evidence by Dr. F.S.A Uzoh adopting the Statement on Oath. He gave evidence in the areas in dispute as the State Collation Agent,” Onuoma said.

“We also had the second witness, Isa Mohammed, who is a staff of the DSS. He investigated the alleged certificate, which the petitioners stated was not issued by the NYSC. And he also debunked that allegation clearly in the witness box.

“With these two witnesses, we think that we fielded credible witnesses in order to debunk the two grounds. And these two grounds are first, the grounds of non-qualification as alleged by the petitioner.

“The second is the ground of alleged non-compliance with the provisions of the Electoral Act. And we think that these two witnesses have sufficiently debunked those allegations and with that we have closed our case for the 2nd respondent, Dr. Peter Mbah.”

For now, what was seen as a case by supporters of Labour Party and Edeoga has been rubbished by the two witnesses.