Justice Inyang Ekwo said: “It is rather sad that the objection of the defendant (NYSC) has been used to waste the time of the court. This objection is hereby struck out”.
Mbah’s lawsuit is seen by many as an opportunity for the NYSC to prove its alleged discharge certificate forgery against Mbah.
Surprisingly, it filed a preliminary objection to the Governor’s suit, claiming that he should have petitioned the Presidency for an amicable resolution before approaching the court. It therefore asked the court to strike out Mbah’s suit against it.
However, Mbah, through his lawyers, told the court that Section 20 of the NYSC Act, which the agency relied on, applies only to NYSC staff and serving Corps members, an argument upheld by the court.
The court adjourned to 21st and 22nd September for hearing of the matter and asked both parties to bring their witnesses.
