Enugu State Governor, Peter Mbah on Tuesday, prayed a Federal High Court, sitting in Abuja to dismiss the preliminary objection filed by the National Youth Service Corp (NYSC) against his N20 billion suit over alleged certificate forgery.
Christopher Oshomegie, SAN, counsel to governor Mbah, urged Justice Inyang Ekwo to dismiss the objection, saying that the sections cited in the NYSC Act were not applicable in the instant suit
Oshomegie said a counter affidavit and a written address had been filed in response to the preliminary objection.
He said, “We adopt our written address as our oral argument to the preliminary objection in urging my lord to dismiss their application.”
Aminu Sadauki, counsel for the NYSC, in his earlier application, told the court that the matter was fixed for today for hearing of their objection, while arguing that Mbah contravened the NYSC Act in the institution of the suit.
Sadauki said Mbah did not file an appeal to the President as required by the provisions of Section 20 of the NYSC Act before instituting the suit against them, while urging the court to strike out the suit for want of jurisdiction and competence.
Meanwhile, in a counter affidavit filed by Mbah, the governor informed the court to dismiss NYSC’s objection on the ground that he was neither a serving corps member or an employee of the corps, saying Section 20 of the NYSC Act, which NYSC’s lawyer referred to does not applied to him.
However, Justice Ekwo adjourned the matter until Sept. 22 for ruling.