Alleged contempt: Mbah prays court to commit NYSC DG to prison

Governor Peter Mbah of Enugu State has prayed a Federal High Court, Abuja to commit the Director-General (DG) of National Youth Service Corps (NYSC), Brig.-Gen. Yusha’u Ahmed, to prison over alleged disobedience to court order.

Mbah prayed the court in a Form 49 filed through his lawyer, Emeka Ozoani, SAN, before Justice Inyang Ekwo.

Recall that the application, dated and filed June 22, was filed in accordance with Order IX, Rule 13, Judgment Enforcement Rules of the Sheriffs and Civil Process Act, CAP. S6, Laws of the Federation of Nigeria, 2004.

The governor alleged that Ahmed flouted the order of the court made on May 15, restraining him from issuing, publishing or continued to issue, publish disclaimer to the effect that the NYSC certificate of national service dated Jan. 6, 2003, with certificate number: A.808297 issued to him was not issued by the corps.

“The plaintiff apply to this court for an order for your committal to prison for having disobeyed the order of this court,” it read in part.

In the Form 48 attached to the application, it read: ‘Take notice that unless you obey the directions contained in this order, you will be quilty of contempt of court and will be liable to be committed to prison.”

Although the matter was scheduled for today (Friday) for motion, the court did not sit.

Consequently, the case was adjourned until July 4.

Mbah had sued the NYSC and its Director, Corps Certification, Mr Ibrahim Muhammad, for publishing a disclaimer, denying the issuance of a discharge certificate issued to him on Jan.6, 2003.

Justice Ekwo had, on May 15, restrained the NYSC, Muhammad and any of their agents from, henceforth, engaging in such publication pending the hearing and determination of the substantive matter.

The order followed an ex parte motion moved by Mbah’s counsel, Mr Ozoani.

The judge, however, did not grant prayer two of the motion on the ground that it was said to be far reaching.

He said that the second prayer was an issue to be adjudicated upon in the substantive suit.
Instead, Ekwo ordered that the defendants be put on notice.

Ozoani had brought the motion under Section 13(1) & (2) of the FHC Act Cap F12, Vol. 6, Law of Federation of Nigeria, 2004, and Order 26 Rule 6(1) of the Federal High Court (Civil Procedure) Rules 2019.

The motion ex parte was predicated on 10 grounds.

Mbah averred that after graduating in Law from the University of East London in 2000, retuned to Nigeria and as a pre-requisite to practice as barrister and solicitor of the Supreme Court of Nigeria, applied and was admitted into the Bar part 1 programme of the Nigerian Law School.

Mbah said upon completing the bar part I exam, he had to wait for the bar part 2 programme, and was advised that instead of spending time idling around, he should proceed to the mandatory one year NYSC programme.

He said he was called up for NYSC and was deployed initially to Nigerian Ports Authority Apapa for his primary assignment but was rejected by NPA, before securing the law firm of Ude & Associates. Continue Reading…