NYSC tenders documents against Gov Mbah

The Labour Party, LP, has continued the Defence of its petition against Governor Peter Mbah of Enugu State at the Election Tribunal with the National Youth Service Corps, NYSC, as its first witness to prove the allegation of certificate forgery against the governor.

At the resumed hearing of the petition filed by LP and its candidate, Chijioke Edeoga, they called the National Youth Service Corps, NYSC, as its first witness whose official, Director of Certification, Aliyu Abdul Mohammed tendered some documents which were admitted by the tribunal as evidence.

Among the documents tendered by the NYSC were the alleged forged discharge certificate used by Mbah as well as the original discharge certificate which they said Mbah ought to have collected. Also tendered was a letter written by Oma and Partners, an Abuja-based law firm, which had asked the Corps to scrutinize the discharge certificate submitted to the Independent National Electoral Commission, INEC, by the governor.

The petitioners, represented by Adegboyega Awomolo, SAN, leading Dr. Valerie Azinge, SAN, Ifeanyi Ogenyi Esq, and others, led the witness (PW1) in evidence. The witness, the Director of Certification, NYSC, Aliyu Abdul Mohammed adopted his written deposition on oath which was tendered and admitted in evidence by the tribunal.

The third respondent, PDP, counsel, Anthony Ani, SAN, however, objected to the admissibility of the document and opted to move a motion dated and filed on the 7th day of July 2023, which seeks to pray the tribunal to strike out the written deposition on oath of the PW1 on the ground of incompetence. The 1st respondent, INEC, as well as the 2nd respondent (Peter Mbah) aligned themselves with the submission of Ani.

Making their case, the respondents relied on the Court of Appeal decision in the case of ANDP & anor V INEC as well as that of Damina & Anor V Adamu and ors and asked the court to strike out the written deposition on oath of the PW1 for lack of competence.

In response, the petitioners’ lawyers relying on the case of Ararume & Anor V INEC, which according to them, is a conflicting decision with the authorities cited by the respondents’ counsel, asked the court to admit the written deposition on oath of the PW1.

In a short ruling, the tribunal admitted the document and reserved ruling on the objections raised by the respondents for final judgment. In his examination-in-chief,Mohammed told the tribunal that he acted on a subpoena served on the Director General of the NYSC or any other official to appear before the tribunal to give evidence to clear some issues bordering on the certificate purportedly issued by the agency.