Kemisola Oye
JUSTICE Inyang Ekwo of a Federal High Court sitting in Abuja has issued an order restraining the National Youth Service Corps (NYSC), its Director, Corps Certification (NYSC),
Ibrahim Muhammad and others from issuing a disclaimer on the NYSC certificate of Peter Mbah, the Enugu State governor-elect.
Justice Ekwo’s order, issued earlier today, was sequel to an ex-parte application filed by the Plaintiff counsel, Mr Emeka Ozoani (SAN), praying the court for an interim order of injunction.
Mr Mbah’s ex parte application marked, FHC/ABJ/CS/611/2023 was brought under Section 13 (1) & (2) of the Federal High Court Act Cap F.12 Vol. 6 LFN and under Order 26 Rule 6 (1) of the Federal High Court Civil Procedure Rules 2019.
While moving the application, Ozoani (SAN) told the court that the ex parte application is dated 4 May 2023 and attached with six exhibits.
The application is praying the court for “An order of interim injection restraining the Defendants and Respondents whether, by themselves, their directors, officers, servants, legal representatives, counsel or any other persons however described and connected from issuing, publishing or continued to issue, publish disclaimer to the effect that the NYSC certificate of National Service dated 6 January 2023, certificate No. A.808297 issued to the Plaintiff, Barrister Pater Ndubuisi Mbah, in accordance with Section 11 of the National Youth Service Corps Decree No. 15 of 1993 was not issued by the NYSC pending the hearing and determination of the motion on notice for interlocutory injection filed in the suit.”
He is also praying the court for an interim injunction, “restraining the Defendants individually. collectively, whether by themselves, their directors, officers, servants, counsel, professional advisers, legal representatives, tribunal or any other person natural or legal, in receipt or knowledge of the disclaimer issued or published by the Defendants in the supposition that the NYSC certificate of service No. A.808297 belonging to Peter Mbah was not issued by the Defendant not to rely on, countenance or accord any probative evidential value on it pending determination of the motion on notice.”
Ozoani told the court that the application is supported by 13 grounds and 30 paragraph affidavit.
He urged the court to grant the application an accelerated hearing.
However ruling on the application, Justice Ekwo in granting the prayer, held that he has read the process that constituted the motion ex-parte in the matter. He, therefore, granted prayer one.
“I grant prayer one and prayer two to be considered on the hearing of the motion on notice. Hearing notice to be issued to the Respondents and accelerated hearing is hereby granted.”
The judge subsequently adjourned the matte to 22 May 2023 for hearing.
Eighteen-Eleven Media