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Navigating Interplay of Law and Politics in Mbah vs. NYSC Saga

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By Lemmy Ughegbe

As one who holds government and its functionaries accountable as well as an avowed campaigner for the building of strong institutions instead of strong men, I paid more than a passing attention to the polemics surrounding the National Youth Service Corps (NYSC) discharge certificate of Mr. Peter Mbah, way ahead of his emergence as the Governor of Enugu State. Regardless of the suggestions that it could be more of politics than law, it was my considered view that the primary concern should be whether or not he offended the law by presenting a fake NYSC discharge certificate. In fact, I was also initially more inclined to believe the NYSC, being the issuing authority.

However, the details of the judgement of the Federal High Court, Abuja, which affirmed the authenticity of Mbah’s discharge certificate and ordered NYSC to pay him the sum of N5 million for conspiracy, fraudulent design, and malicious misrepresentation of facts, should interest lovers of our democracy and sanctity of our public institutions because they confirm the gale of doubts induced by some steps/missteps by NYSC along the line.

Meanwhile, during the trial, Mbah averred that he completed his national service, tendering an NYSC discharge certificate No. A808297. He also tendered an application for suspension of his service to go to the Law School and the consequent approval by NYSC. He also tendered his application for reinstatement after the programme and NYSC’s letter dated 7th May, 2003 (Ref. No. NYSC/DHQ/CM/27/20), directing his reinstatement to “continue his service year from where he stopped, with effect from May 2003.”

In its own averment, NYSC admitted reinstating Mbah and reposting him to Udeh & Associates to complete his service with a probable September 2003 completion date. However, it averred that Mbah did not complete those remaining months after his reinstatement. NYSC submitted that it withheld certificate No. A673517, which it should have issued to Mbah, adding that the certificate No. A808297 he tendered did not originate from it. While I was still inclined, at this stage, to believe NYSC, reasonable doubt had been created in my mind as to whether or not the Corps was sincere in its claims because whereas Mbah tendered a certificate with No. A808297 as a proof that he completed his service, NYSC failed to tender the certificate with No. A673517 as a proof that it withheld his certificate for allegedly not completing his service.

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NYSC told the court that Mbah’s certificate was among uncollected certificates, which it burnt in 2022. Instructively, by 2022, the politics of 2023 had already picked up. Are certificates such huge burdens that they must be burnt and at the cusp of a general election? And no digital copies were made in the 21st century before their incineration?

Worse still, certified true copies of certificates dated 2003 were exhibited by the NYSC in its response to Mbah’s suit leading the court to observe: “If all the outdated, unused, and cancelled certificates of National Service and certificates of exemption, certificates of absconded members of the Service Corps 1999 to 2004, were disposed of by incineration, how did the Defendants (NYSC and its Director of Corps Certification, Ibrahim Muhammad) obtain Exhibits A31 and A32 which is dated 6th January, 2003, which they certified and tendered in this case? To make matters worse, the certification by the stamp thereon was done on 19th August, 2023, long after this case was initiated on 4th May, 2023. A person can only certify a document, which originally he has in his possession.”

Again, NYSC claimed that the purportedly burnt certificate No. A673517 meant for Mbah was dated 2001, an assertion the court assessed as “contrary to the evidence in this case.”

Justice Ekwo stated: “From the evidence in this case, the Plaintiff completed his service in 2003 upon being reinstated and not in 2001. It is not possible for the 1st Defendant (NYSC) to have pre-emptively prepared a certificate dated 2001 for a member of the Corps whose service was deferred in 2002 and was reinstated to complete the same in 2003.

“Furthermore, there is no evidence of the Defendants linking the said certificate with number A673517 to either file with Ref. No. LA/01/1532 (which was the substantive file opened at the time the Plaintiff joined service) or file with Ref. No. LA/01/1532/T (which was a temporary file for the Plaintiff at the time he was reinstated) after the deferment. It is these files that would have been a formidable foundation of the case of the Defendants on which certificate it actually issued to the Plaintiff.”

Indeed, NYSC’s failure to produce Mbah’s files before the court dealt a fatal blow to their case and possibly removed any doubts of their complicity and duplicity in the whole certificate saga.

Citing several judicial authorities, Justice Ekwo held: “There is no evidence that file with Ref. No. LA/01/1532 or file with Ref No. LA/01/1532/T are documents, which are not in the custody of the Defendants and there is no evidence that both files were disposed of during the incineration of 2022. The Defendants have failed to proffer any credible evidence on the whereabouts of those files.

“I find that non-production of file with Ref. No. LA/01/1532 or file with Ref No. LA/01/1532/T means the contents thereof would have gone against the Defendants in this case and I so hold.”

Importantly too, the court held that the Defendants failed to lead evidence to prove a case of forgery against Mbah. The court held that NYSC “handled their case with levity or that they lacked the will-power to challenge the case of the Plaintiff”, adding that “No evidence was led to compare the calligraphy on certificate No. A808297, which they say they did not issue.”

Thus, in its judgment, the court declared that based on evidence before it, Mbah completed his service and that NYSC issued him certificate No. A808297. It declared that the Defendants “conspired by fraudulent design, suppressed and misrepresented facts in its supposition that the Plaintiff’s (Mbah’s) certificate Number A808297 was not issued by the Defendants (NYSC), a fact they knew or ought to know as untrue, incorrect, which constitutes the tort of conspiracy.” It further held that “the Defendants were negligent and maliciously misrepresented facts” the dominant purpose of which was “to inflict damages in his legal profession, politics, and business.”

As earlier expressed, NYSC took some steps that raised a gale of doubts about its uprightness and neutrality in the course of this saga. First, knowing how taciturn government functionaries are in delving into politically sensitive issues, it was baffling to watch the Director General of NYSC, Brigadier General Yusha’u Ahmed, defy a subsisting court order to make a categorical disclaimer of Mbah’s certificate on Arise News on 19th May 2023. It is not imaginable that the DG would defy a restraining order on himself and his agency to do so and at the risk of jail term for contempt of court without a political drumbeat.

Again, why was NYSC and its DG reluctant to reply to Mbah’s petition to it over the February 1 2023 disclaimer, but so eager to issue/make further disclaimers against him at the peak of gubernatorial campaigns?

Meanwhile, I became more suspicious when NYSC mounted a legal roadblock to stall the hearing and determination of Mbah’s N20 Billion lawsuit against it one way or the other by filing a preliminary objection instead of grabbing the opportunity with both hands to finally nail him. The said objection was predicated on Section 20 of the NYSC Act, which makes it mandatory for a Corps member to file a complaint to the Presidency for an amicable resolution before instituting a legal action. But the objection was thrown out by the court, which agreed with Mbah that this Section did not apply to him since he was neither a Corps member nor an employee of NYSC.

Again, an institution keen on fact-finding more than a witch-hunt should have checked with Udeh & Associates where it admitted posting him for his primary assignment before issuing further disclaimers. More so since he attached to his petition to NYSC, copies of the clearance letters issued by the law firm and based on which he said his allowances for the months in contention were paid into his Fidelity Bank account.

Also, DSS’ finding that NYSC could not account for twelve 8-series discharge certificates (A80829 – A808308, which includes Mbah’s) settles the argument as to whether his certificate belongs the agency. Therefore, the option left to NYSC to prove forgery was to present anyone else bearing the same certificate No. A808297, which it did not.

Another development that suggested that the whole saga was part of high-power politics was the 7th of December 2022 suit No. FHC/ABJ/CS/2257/2022 (Felix Ugwu & 5 Ors. v. Peter Mbah & 3 Ors) in which Mr. Ugwu and his co-plaintiffs/applicants claimed that Mbah was an ex-convict and made a charge/plea bargain in Suit No. FHC/L/09C/2007: Federal Republic of Nigeria v. Nnamani Chimaroke & 11 Ors.) at the Federal High Court Lagos. They prayed the Federal High Court Abuja to disqualify him from seeking election based on Section 182(1) (e). Interestingly, the Plaintiffs disingenuously disclosed in their affidavit that the information was given to them by George Ogara, a senior lawyer and deputy governorship candidate of the APC in Enugu.

Surprisingly, whereas court record show that Mbah was never arraigned and never took a plea, let alone being convicted; whereas they showed that Justice M.N. Yunusa discharged him and two others from all charges at the instance of the EFCC on 7th March 2013; a senior officer in the Federal Ministry of Justice went ahead to filed processes to support the Applicants’ false claims. It took Mbah’s petition to the Attorney-General of the Federation to unravel the perfidy.

In conclusion, the Mbah vs. NYSC saga has further exposed the incestuous and dangerous interplay between law and politics in Nigeria. It crystallises the ineptitude and corruption that have ravaged our public institutions; and it is my hope that going forward we will be able to safeguard our public institutions from the allure of politricks in the interest of constitutional democracy.

• Ughegbe, a journalist, activist, and public analyst, writes from Abuja

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Tinubu meets APC Governors at Presidential Villa

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President Bola Tinubu
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President Bola Tinubu is currently meeting with governors elected on the platform of the All Progressives Congress (APC) at the Presidential Villa, Abuja.

The meeting, involving members of the Progressives Governors Forum (PGF), commenced shortly before 4pm on Thursday, following a separate session of the National Economic Council (NEC) chaired by Vice President Kashim Shettima.

As of the time of filing this report, the meeting was still ongoing, with details of the agenda yet to be made public.

The engagement comes amid heightened political activities ahead of the 2027 general elections, eight days after the official commencement of campaigns in line with the timetable released by the Independent National Electoral Commission (INEC).

It also comes five days after the APC released the list of members of its Presidential Campaign Council for the 2027 elections.

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The campaign council is headed by former Zamfara State Governor, Senator Abdulaziz Yari, who was appointed Director-General.

The meeting between Tinubu and the APC governors is expected to provide an opportunity for discussions on political coordination, mobilisation and other issues concerning the party ahead of the 2027 elections.

The Progressives Governors Forum has remained a key platform for coordination among APC governors, while the President has continued to engage party leaders and elected officials as the party prepares for the elections.

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SEDC set to launch 15 Agromechanisation projects across S’East

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…Says “We’re bringing back Okpara’s agro-industrial revolution”

….Hails Gov Mbah’s proactiveness, promises communities bountiful benefits

The South East Development Commission, SEDC, says it is set to reignite the agro-industrial revolution that made the defunct Eastern Region the fastest growing economy in the world between 1954 and 1964.

The Commission said it was embarking on three Agromechanisation projects, one in each of the three senatorial zone of Enugu, Abia, Imo, Anambra, and Ebonyi State, in partnership with the state governments, starting with Enugu.

The Commission gave the assurances at Nomeh, Nkanu East Local Government Area of Enugu State during a community engagement with leaders and stakeholders of the community on the proposed Nomeh Agromechanisation Project.

In his detailed presentation, the Executive Director, Natural Resources, Agriculture, and Rural Development (NRARD) at the SEDC, Dr. Clifford Ogbede, said the project would also provide numerous direct and indirect job and business opportunities, making agriculture attractive to the youths again

Dr. Ogbede, who was represented by his Technical Adviser at Commission, Dr. Chris Uwadoka, explained that the projects would also attract local and foreign investors, giving Ndigbo in diaspora the opportunity to be part of rebuilding the South East.

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“We could all recall that the Eastern Region economy was at a point rated as the fastest growing economy in the world. That means that we were ahead of many leading economies of today in term of growth. And at the root of it was agriculture, thanks to the visionary leadership of the former Premier of the region, Dr. Michael Okpara.

“So, after thorough brainstorming sessions, the SEDC came up with a blueprint to restore the region’s lost glory, starting with agriculture,” he said.

Commending Governor Mbah for his proactiveness in laying out a robust and elaborate agricultural blueprint for Enugu State, he said the Agromechanisation project would also be cited at Elugwu Akwu, Oji River LGA in Enugu West Senatorial District and Nkpologwu, Uzo Uwani LGA in Enugu North Senatorial District to the benefit of the host communities and South East.

“Governor Mbah nominated Nomeh for the programme. It is a good thing for this community because SEDC is going to bring the best possible agricultural knowledge into the territory, bring specialists, agro-entrepreneurs, improved seeds with greater yields, and support the local farmers.

“So, it is a good thing that has come to the Nomeh community. It’s something to be cheered, cheerful about.

“Also, there’s something happening amongst youth, especially in the South East. They are averse to agriculture. They are walking away from agriculture that their parents depended on because it is back-breaking.

“The labour is much, but the yield is little and you hardly have enterprises, companies that are running on the back of agricultural produce.

“Therefore, this Project is going to attract agricultural enterprises that will give employment to the youth, and give them knowledge. They will see how it is done. They will earn a living for themselves,” he added.

He strongly dismissed the notion that the Agromechanisation Project was a ploy to grab grazing lands for cattle herders.

“There is absolutely nothing like that. This is an entirely South East initiative for the benefit of the South East, then the nation. It is very untrue and not part of the blueprint,” he concluded.

In his remarks, the Enugu State Liaison Officer to the Commission, Chief Edeani Edeani, said the Federal Government and Governor Peter Mbah were determined to use agriculture to fight insecurity.

“With such massive agromechenisation projects across the South East, our spaces will be more effectively and gainfully occupied and governed. Also, the youths will be gainfully employed,” he stated.

Speaking, a community leader and Senior Special Assistant to the Governor on Media, Uche Anichukwu, thanked President Bola Ahmed Tinubu for establishing the SEDC after many failed attempts by Ndigbo under previous administrations.

“I worked at the national parliament for several years, and I am very much aware of the many attempts to set up a commission without success. It was either the bill did not scale through the parliament or it was denied presidential assent. But on 24th July, 2024, President Tinubu graciously signed into law the legal framework creating the SEDC to rebuild infrastructure and serve as a platform for a coordinated regional development,” he said.

He lauded the SEDC Managing Director, Mark Okoye, and his team for launching out with agriculture as a pivot for the economic revival and growth of the region, noting that they had brought “a totally fresh approach to running regional development commissions.”

“As a community, we are most grateful to the President and Governor Peter Mbah for choosing Nomeh to host the pilot project. We do not take it for granted.”

On his part, the traditional ruler of Nomeh Unateze, HRH Igwe Israel Okonkwo Mbah, who was represented by the traditional prime minister, Chief Daniel Anikpuma, said the Nomeh Unateze Agromechanisation Project would bring back the pre-civil war glory of the community.

“It is a sort of bringing back the glory of Nomeh-Unateze, a bustling railway and agricultureal town in the past. Before the war, we had UAC, Leventis, and several other produce trading companies here. The war broke out, and everything stopped.

“Today, the SEDC and the Enugu State Government have remembered Nomeh Unateze and come with mechanised farming to reactivate our community. We believe it is going to bring massive development and we embrace it with a grateful heart,” he stated.

Likewise, the town union government of the community, speaking through Engr. Uchenna Anyanwu, threw its weight behind the project, assuring that necessary machinery would be put in place to ensure the smooth execution and security of the project.

Another community leader, Mrs. Veronica Onwude, said the project had given the people more hope, as the women, their husbands and youths would be more gainfully employed.

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BREAKING: NLC General Secretary, Ugboaja, is dead

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General Secretary of the Nigeria Labour Congress, Emmanuel Ugboaja
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The General Secretary of the Nigeria Labour Congress, Emmanuel Ugboaja, has died at the age of 60 after a protracted illness.

Details surrounding his death remained sketchy as of the time of filing this report.

The NLC President, Joe Ajaero, announced Ugboaja’s death to members of the Congress National Executive Council during their ongoing meeting in Enugu, Enugu State, according to Tribune newspapers.

Ajaero reportedly read a letter from the deceased’s family informing delegates of his passing.

Ugboaja, a veteran trade unionist and lawyer, had served as the NLC General Secretary since August 2019, following the ratification of his appointment by the Congress’s National Executive Council at a meeting in Kano. He succeeded the retiring Peter Ozo-Eson.

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As General Secretary, Ugboaja was responsible for coordinating the administrative and strategic operations of the labour centre, including relations with the NLC’s affiliate unions, industrial relations, negotiations with government and employers, policy implementation and nationwide mobilisation.

His tenure coincided with some of the most significant confrontations between organised labour and successive governments over wages, workers’ welfare and economic policies.

One of his early major assignments was the negotiation surrounding the implementation of the N30,000 national minimum wage approved by the Federal Government in 2019. The disagreement over implementation brought the government and organised labour close to industrial action before an agreement was eventually reached.

Ugboaja remained involved in subsequent negotiations and campaigns on workers’ wages and welfare.

In April 2026, he signed an NLC directive urging workers in states that had yet to fully implement the 2024 National Minimum Wage Act to participate in street rallies on May Day, reflecting his role in translating the decisions of the Congress into nationwide mobilisation.

Born on May 15, 1966, Ugboaja studied Law at the University of Calabar, graduating in 1987.

He initially spent about four years in private legal practice before joining the trade union movement in 1993.

According to the NLC’s historical biography, his entry into the labour movement made him the first Nigerian lawyer to work full-time for a trade union.

He began his trade union career with the National Union of Chemical, Footwear, Rubber, Leather and Non-Metallic Products Employees, an affiliate of the NLC, where he rose to become General Secretary between 2000 and 2005.

Ugboaja later served as Coordinator, Advocacy and Mobilisation, at the Alliance for Credible Elections between 2006 and 2009, before joining the NLC Secretariat in 2009.

His death comes at a significant period for Nigeria’s labour movement, which has remained engaged with the Federal Government and state governments over the implementation of the new minimum wage, workers’ welfare and the wider economic impact of ongoing reforms.

The NLC is expected to make further statements on Ugboaja’s death and funeral arrangements.

 

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