A Federal High Court, Abuja, on Tuesday, fixed July 11 for hearing the preliminary objection filed by the National Youth Service Corps (NYSC) against a suit by Gov. Peter Mbah of Enugu State.
Justice Inyang Ekwo, who fixed the date, also ordered the NYSC to file and serve their statement of defence within seven days of the order.
The development followed an oral application by the defendants’ lawyer, Aminu Sadauki, seeking for about a week to respond to Mbah’s substantive matter.
Justice Ekwo also warned journalists against being speculative in the report of the case instituted by Enugu governor against the youth scheme over alleged discharge certificate forgery.
The judge gave the warning after he struck out the motion for joinder filed by the Labour Party and its governorship candidate in the Enugu State poll, Jonathan Edeoga, which they later sought to withdraw.
“The problem I have in this kind of thing is that persons that have not been made parties will go and start addressing the media on speculative issue and the media will start writing things when they have not read the proceedings.
“I have always told the media that proceedings in this court are open to the media.
“It is only in this country that you see those that said they are practicing journalism becoming agents,” he said.
He, therefore, warned media practitioners to stop being speculative on what the court did not say.
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, 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 Emeka Ozoani, SAN.
But the NYCS, in its preliminary objection dated May 19 and filed May 22, sought an order dismissing or striking out the suit for want of jurisdiction and competence.
Giving three grounds of argument, the corps said that Mbah did not appeal to the president as required by the provisions of Section 20 of the National Youth Service Corps Act, Cap N84, Laws of the Federation of Nigeria, 2004 before instituting the suit against the defendants.
It argued that appeal to the president was a condition-precedent to instituting an action against the defendants in any court of law in Nigeria.
According to the NYSC, consequent upon the refusal of the plaintiff/respondent to comply with the provisions of Section 20 of the National Youth Service Corps Act, this suit is premature for the jurisdiction of the court to crystalise.
The NYSC had, on Feb. 1, written a letter signed by Mr Ibrahim Muhammed saying that the NYSC certificate belonging to Mbah was not issued by the corps.
Mbah of the Peoples Democratic Party (PDP) was declared the winner of the Enugu state governorship election held in March 18 by the Independent National Electoral Commission (INEC).
