Justice Inyang Ekwo of a Federal High Court sitting in Abuja, has granted an ordered, restraining the National Youth Service Corps (NYSC), its Director Corps Certification NYSC, Ibrahim Muhammad and others from issue disclaimer on NYSC certificate of Peter Mbah, the Enugu governor elect.
Justice Ekwo ordered restraining NYSC, it’s director and others yesterday was sequel to the ex-parte application filed by the plaintiff counsel, Mr Emeka Ozoani (SAN), praying the court for an interim order of injunction.
The plaintiff, Enugu governor elect, Mbah exparte motion in suit 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 exparte application dated May 4, 2023, attached with six exhibits.
“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 January 6, 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.”
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Also, he prayed 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 issue of publish by the defendants in supposition that the NYSC certificate of service No. A.808297 belonging to Peter Mbah was not issue by the defendant not to rely, countenance or accord any probative evidential value on it pending determination of the motion on notice.”
Ozoani told court that the application is supported with 13 grounds and 30 paragraph affidavit
He urged the court to grant the application and accelerated hearing of the motion on notice.
However, in his ruling, 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 granted the prayer one and the prayer two to be considered on the hearing of motion on notice. Hearing notice to be issue to the respondents and accelerated hearing is hereby granted.”
The judge subsequently adjourned the matter to May 22, 2023 for hearing.
