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