Mbah Carpets Edeoga, NYSC over Allegations of Forgery, Over-voting

Gideon Arinze in Enugu

Governor of Enugu State, Peter Mbah, yesterday picked holes in the allegations of forgery of his National Youth Service Corps (NYSC) discharge certificate, over-voting, and falsification of results.

This was even as drama ensued in court as the respondents – Mbah, who was the Peoples Democratic Party (PDP) candidate in the March 18, 2023 governorship election in the state and the Independent National Electoral Commission (INEC) opposed application by the petitioners to amend their prayer in their final written address seeking to be declared winners of the Rivers State governorship election rather than Enugu gubernatorial election.

In adopting his final written address before the Justice M.K. Akano-led tribunal, Mbah, through his counsels led by Chief Wole Olanipekun, described the petitioner’s reliance of NYSC discharge certificate as of, “no moment.”

His lawyers held that not only should the issue of NYSC discharge certificate not have arisen in the first place since it was neither a qualification for the position of governor as listed in Section 177 of the 1999 Constitution (as amended) nor an educational qualification, which could be considered as a document required in aid of qualification, the petitioners also failed to prove a case of forgery against him.

“The fact that NYSC certificate is not a requirement for contesting election to the office of Governor is one that has been judicially settled. And in this regard, we refer your Lordships to the Court of Appeal decision in Obi-Odu v. Duke (2005),” they stated.

Speaking further, they stated that the gross and net effect of the legal reality that NYSC certificate was not a requirement for qualification to hold office as Governor was that the mens rea (knowledge/intention) of the alleged offence as pleaded has not been proven and also that the entire point is non sequitur.

Furthermore, citing several judicial authorities, the final written address equally argued that NYSC certificate, not being an educational qualification or a qualification for the office of Governor, Mbah did not refer to it in the affidavit he deposed in the submission of his INEC form and therefore could be counted against him.

“Thus where no reference is made at all to a document, even if accompanying an affidavit, that document is indeed an orphan, and sadly so,” they held.

Mbah’s counsels pointed out that the petitioners’ witnesses from the NYSC testified against the petitioners in favour of Mbah by admitting that the NYSC mobilised the Governor for national service, approved his suspension of service to go for his Law School programme, and also reposted him to Udeh & Associates to complete his service after the Law School.

They held that having fulfilled the obligations, it was mandatory on the NYSC to issue Mbah with a certificate, hence the case of forgery could not have arisen.

On the allegation of falsification of results, the respondents stated: “Although the petitioners made allegations of falsification of election results with respect to 24 Polling Units (19 Polling Units in Udenu and 5 Polling Units in Igboeze North), they only presented witnesses with respect to seven 7 Polling Units.”

They stated that whereas in paragraphs 104 – 114 (pages 28 – 32) of their petition, the petitioners alleged over-voting in a total of 16 Pulling Units (7 Units at Owo, 3 Units at Ugbawka, 1 Unit at Enugu East, and 5 Units at Igboeze North Local Government), they petitioners only presented witnesses in respect of 13 Units.

Meanwhile, the Justice Murayo Akano-tribunal, after taking the final addresses of the Petitioners and Respondents, reserved judgment for a date to be communicated to the parties.