As Tribunal Reserves Judgment in Enugu

ISSUES ON THE NEWS

With the Enugu State Governorship Election Petitions Tribunal reserving for judgment the petition filed by the Labour Party governorship candidate, Chijioke Edeoga, against Governor Peter Mbah, many feel that the testimonies of the Department of State Services and the Independent National Election Commission will play a major role in deciding the case, writes Wale Igbintade

The Enugu State Governorship Election Petitions Tribunal last week reserved judgment on the petition challenging the election of Governor Peter Mbah in the 18 March 18 governorship election in the state. The Labour Party (LP) candidate in the election, Chijioke Edeoga, is challenging the victory of Mbah of the Peoples Democratic Party (PDP).

The two parties in the matter adopted their final written addresses during last Wednesday’s hearing.

The Chairperson of the panel, Justice Kudirat Akano, said the date for the final judgment on the petition would be communicated to the parties.

The LP candidate’s lawyer, Adegboyega Awomolo, SAN, asked the tribunal to grant the reliefs sought by the client to remove Mbah as governor. He argued that granting the relief to unseat the governor was necessary because it had been proved beyond reasonable doubt that Mbah was at the time of the election not constitutionally qualified to contest having allegedly presented the forged certificate of National Youth Service Corps (NYSC) to the Independent National Electoral Commission (INEC).

The lawyer faulted the submissions made by Mbah’s witnesses, including those of Isa Mohammed, said to be an official of the Department of State Services (DSS), who had claimed that the service conducted an investigation into the matter and found the allegation of NYSC certificate forgery against the governor as false.

“All evidence proved that the second respondent (Mbah) did not collect his certificate. There is incontrovertible evidence that on 3 July 3, 2003, the second respondent (Mbah) became the Chief of Staff of Enugu State to (former governor) Chimaroke Nnamani. The third defence witness (Udeh), who claimed that he gave letters to him, said he did not know if he got his certificate,” Awomolo said.

“The evidence of the third defence witness (SSS) showed that there is nowhere it is proven that SSS investigated the process. Exhibit 63 showed that he did not come from the SSS authority; it also showed that the second respondent procured his NYSC certificate illegally,” he added.

But counsel to Mbah, Chief Wole Olanikpekun, SAN and his INEC counterpart, Abdul Mohammed, while separately adopting their addresses, opposed the request by the LP’s lawyer, insisting that Mbah did not forge his NYSC certificate. They asked the tribunal to dismiss Edeoga’s petitions for lacking in merit.

Meanwhile, there was a mild drama when the LP candidate applied for correction of an error in his final address where he had mistakenly asked the tribunal to sack Mbah as the “governor of Rivers State”, rather than Enugu State.

However, the three respondents in the petition – Mbah, INEC and PDP – opposed the application, stressing that the correction was an amendment to add further address.

Chief S.T Hon, SAN another counsel to the petitioner, urged the tribunal to overrule the three respondents’ submission. He argued that the Supreme Court had addressed the issue in the case of INEC vs Yusuf, 2020 of the Nigeria Weekly Law Report Part 1714 page 374 to 399.

But, the Chairperson of the panel, Justice  Akano, said that the ruling on the argument of the application for the correction of the petitioner’s final written address would come alongside the judgment.

There have been doubt and disquiet in LP’s camp since INEC, DSS cleared Mbah of NYSC certificate forgery allegations which is the major flank of their petition against the governor.

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 in a written statement on oath adopted by its representative, Mr. Yahaya Isa Mohammed, DSS debunked claims that Mbah forged his NYSC discharge certificate.

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.

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 testimony of the DSS agent followed that of the subpoenaed witness from 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 Olanipekun, 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.

For now, there is absolute disquiet in Edeoga’s camp over the testimonies of the representatives of the DSS and INEC.  For now, what was seen as a case by supporters of LP and Edeoga has been rubbished by the two witnesses.