Enugu State Governor Peter Mbah yesterday prayed a Federal High Court in Abuja to dismiss the preliminary objection filed by the National Youth Service Corp (NYSC) against his N20 billion suit over alleged certificate forgery.
Mbah’s counsel, Christopher Oshomegie (SAN), urged Justice Inyang Ekwo to dismiss the objection on the grounds that the sections cited in the NYSC Act were not applicable in the instant suit.
The lawyer said a counter-affidavit and a written address had been filed in response to the preliminary objection.
“We adopt our written address as our oral argument to the preliminary objection in urging my lord to dismiss their application,” he said
Counsel to the NYSC, Aminu Sadauki, had told the court that the matter was fixed for yesterday for hearing of their objection.
The lawyer, who adopted the objection, argued that Mbah contravened the NYSC Act in the institution of the suit.
He said the governor did not appeal to the President, as required by the provisions of Section 20 of the NYSC Act, before instituting the suit against them.
Sadauki urged the court to strike out the suit for want of jurisdiction and competence.
But in his counter-affidavit, Mbah prayed the court to dismiss NYSC’s objection on the ground that he was neither a serving corps member nor an employee of the scheme.
According to him, Section 20 of the NYSC Act, which the scheme’s lawyer referred to, does not apply to him.
Justice Ekwo adjourned the matter till September 22 for ruling.
