Details have emerged on the lawsuit instituted by the governor-elect of Enugu State, Dr. Peter Mba, against the National Youth Service Corps (NYSC) and its Director, Corps Certification, Ibrahim Muhammad, as he demands N20 billion in general and exemplary damages against the Defendants “jointly/severally; for conspiracy, deceit, and misrepresentation of facts”.
Justice Inyang Ekwo had, on Monday, upon a motion ex parte by Mbah’s counsel, Emeka Ozoani (SAN), sequel to the lawsuit, made “an order of interim injunction, restraining the defendants and respondents, whether by themselves, their directors, officers, servants, legal representatives, counsel or any other person or persons, howsoever, described and connected, from issuing, publishing or continued to issue, publish disclaimer to the effect that the NYSC certificate of National Service dated January 6, 2003, certificate No. A808297, issued to the Plaintiff, Barrister Mbah Peter Ndubuisi, in accordance with Section 11 of the NYSC Decree No. 51 of 1993, was not issued by NYSC, pending the hearing and determination of the motion on notice filed in this suit”.
However, it has emerged that besides the N20 billion damages pressed, Mbah, in the writ of summons by his counsel, is equally seeking a declaration that he participated in the NYSC scheme for one calendar year, vide a call-up letter number FRN/2001/800351; Lagos code LA/01/1532 and upon completion was issued certificate of National Service No. A808297.
The writ also seeks: “A declaration that the defendants (NYSC and its Director, Corps Certification) conspired by fraudulent design, suppressed and misrepresented facts in supposition that the plaintiff’s certificate of National Service with number A808297 was not issued by the defendants, a fact they knew or ought to know as untrue, incorrect, which act constitutes an act of conspiracy.
“A declaration that the defendants were negligent and maliciously misrepresented facts, which facts the defendants know or ought to know as untrue and ought reasonably to have foreseen that damages would flow from such negligent misrepresentation of material facts. A declaration that the predominant purpose of the deceitful misrepresentation… was intended albeit to inflict damages in the legal profession, politics, business, as it was to unlawfully profit the defendants.
“An order that the plaintiff’s certificate of National Service number A808297 is authentic and was validly issued by the first defendant. An order of perpetual injunction restraining the defendants either jointly/severally, their officers, servants in whatsoever manner and, however, called from disclaiming/resiling/repudiating the certificate of National Service No. A808297 issued to the plaintiff, Barrister Peter Ndubuisi Mbah”.
Meanwhile, in the affidavit in support of the Motion on Notice deposed by Grace Udeagha, a legal practitioner, the governor-elect’s lawyers, Emeka Ozoani (SAN) and Co., stated, among others, that Mbah, “after graduating in Law from the University of East London in 2000, returned to Nigeria and, as prerequisite to practice as a Barrister and Solicitor of the Supreme Court of Nigeria, applied and was admitted into the Bar Part I programme of the Nigerian Law School”.
She further deposed: “That the plaintiff, upon completing the Bar Part I exam, had to wait for the Bar Part II programme. He was advised that instead of idling away, he should proceed on the mandatory one year National Youth Service Corps Programme. That the plaintiff, in view of the above, was called up for the NYSC and was deployed to Lagos State, with the following particulars: Mbah Peter Ndubuisi; Call up letter No 01134613; reference No NYSC/FRN/2001/800351….
“The Plaintiff/Applicant, by letter dated 11th March, 2002, addressed to the Director, NYSC, Lagos State, Udeh & Associates, accepted the plaintiff’s posting/service vide Lagos State NYSC code LA/01/1532, NYSC No. NYSC/FRN/O1/800351…
“That the plaintiff, in the course of his NYSC programme aforesaid, and after six months of NYSC, the Nigerian Law School scheduled the commencement of the Bar Part II programme, usually called Bar Final, for which the plaintiff was offered admission to the Nigerian Law School. By a letter dated 20th June 2002, the plaintiff applied to the State Director, NYSC, for deferment of NYSC year 2001/2002 (annexed and marked as exhibit H.
“Pursuant to paragraph 12, and by a letter dated 01/10/02 from the NYSC Directorate headquarters vide Ref: NYSC/DHQ/CM/M/27 approved the plaintiff’s application for deferment of NYSC Ref: LA/01/1532 of 6th August, 2002 (annexed and marked as exhibit I).
“That the plaintiff, by a letter of 3/04/2003 written in long hand through the State Director, Lagos State, to the Director-General, NYSC, National Directorate headquarters, Garki, Abuja, applied for re-mobilisation, having successfully completed his Bar Final exam (letter dated 24/4/2003 annexed and marked exhibit J)”.
Continuing, Udeagha further deposed that by a letter from the Director, Lagos State NYSC Ref LA/01/1532/T, dated 24/4/2003, to the Director-General, National Directorate headquarters, Area 3, Garki Abuja, the National Directorate headquarters wrote back stating, “I am directed to refer to your letter of 24th April, Reference No. LA/01/1532/T, on the above subject matter, and to request you to reinstate the corps member to continue his service year from where he stopped, with effect from May 2003”.
She explained that the “T” was inserted as the last alphabet in the referencing implied “Temporary).
She also deposed: “That pursuant to paragraph 16, the law firm of Udeh & Associates accepted the plaintiff and he resumed duty on 27/05/2003. The said letter of acceptance and assumption of duty in the law firm of Udeh & Associates is, hereby, annexed and marked as exhibit M.
“That the plaintiff upon acceptance by the law firm of Udeh & Associates and assumption of duty in the said office was regularly issued with clearance letters, to enable him receive monthly allowances. The letters were issued in chronological order, thus: Letter dated 26th June for payment of allowance for the month of May and June, 2003; Letter dated 29th August, 2003, for payment for the months of July and August, 2003; letter dated 8th September, 2003 for payment of September, 2003.
“That the final letter issued to the plaintiff was dated 16th September, 2003. In the said letter, the plaintiff was recommended most unreservedly as a fit and proper person to be discharged from service. These letters numbered from (a-d) are, hereby, annexed and marked as exhibits N-N3.
“That the plaintiff, upon completion of his NYSC service, was issued the NYSC certificate No. A808297, dated 6th January, 2003, certifying that he completed the one year of NYSC from 7th January, 2002 to 6th January 2003”. Zamfara gov facing N70bn fraud investigation -EFCC
From Fred Itua, Abuja
The Economic and Financial Crimes Commission (EFCC) has reacted to Zamfara State Governor, Bello Muhammed Matawalle’s allegation that it does selective prosecution.
The anti-graft agency’s Director, Public Affairs, Mr. Osita Nwajah, told newsmen, yesterday, that Matawalle is currently facing a “monumental” N70 billion fraud investigation.
Nwajah dismissed Matawalle’s allegations that the anti-graft agency is involved in selective prosecution as false, insisting that a former Minister of Power in President Muhammadu Buhari’s administration is currently cooling off in EFCC’s cell over alleged N22 billion fraud. He described Matawalle’s allegation as a case of corruption fighting back and vowed that no blackmail will derail the anti-graft fight in the country.
“These claims ought not to be dignified with a response. What is at play here is a pure case of corruption fighting back. Matawalle’s outburst is a product of paranoia- an uncomfortable exertion arising from the heat of EFCC’s lawful activities,” he said.
Nwajah added: “The issue has nothing to do with the transparency of EFCC’s asset recovery and disposal process. Contrary to the claims by Matawalle, the commission supervised an asset disposal exercise that was widely acclaimed as the most transparent in the country’s history. Proceeds of the open and transparent exercise have since been remitted into the coffers of the Federal Government, and are being deployed in the provision of infrastructure for Nigerians.
“The issue is also not about plea bargain. Indeed, it is hypocritical for Matawalle to rile a process for which he has been a beneficiary. Plea bargain is a practice established by law, and the commission has never gone outside of the law in the application of this principle. If Matawalle has any evidence of abuse of the plea bargain process, he is at liberty to make the disclosure.
“It is intriguing that Matawalle would want to take on the role of a supervisor who tells the EFCC whom to investigate. Is this a case of a “’thief’’ saying he must not be touched until other ‘’thieves’’ are caught? “Unfortunately, it is not within Matawalle’s remit to dictate to the EFCC whom to arrest, when and where. Suspects in the custody of the commission cut across all sectors and social class. The qualification to get a space in the commission’s detention facility is to commit a crime. It does not matter whether you are a priest, Imam, governor or minister. Currently, a former minister of power is in the custody of the EFCC over a N22 billion corruption allegation. That conveniently did not attract Matawalle’s attention.
“Of course, these shenanigans are not strange. They appear to play out in cycles, particularly when the nation is in political transition. Virtually all the predecessors of the incumbent EFCC chairman suffered similar indignity at the hands of politically exposed persons under investigation for corruption. Who among the former chairmen of the commission was not accused of pilfering recovered assets?
“The commission would like to put the nation on notice to expect more of the kind of wild allegations made by Matawalle as those at the receiving end of EFCC’s investigations fight viciously back. But the real issue with Matawalle is that he is being investigated by the EFCC, over allegations of monumental corruption, award of phantom contracts and diversion of over N70 billion.
“The money which was sourced as loan from an old generation bank, purportedly for the execution of projects across the local government areas of the state, was allegedly diverted by the governor through proxies and contractors who received payment for contracts that were not executed.
“The commission’s investigations so far reveal that more than 100 companies have received payments from the funds, with no evidence of service rendered to the state. Some of the contractors, who had been invited and quizzed by the commission, made startling revelations on how they were allegedly compelled by the governor to return the funds received from the state coffers back to him, through his aides after converting the same to United States dollars.
“They confirmed that they did not render any service to Zamfara State, but were allegedly directed to convert the monies paid to them into United States dollars and return to the state governor through some of his commissioners, notably the Commissioners in charge of Finance and Local Government Affairs.
“One of the contractors, a popular Abuja property developer, collected N6 billion on a N10 billion contract without rendering any service to Zamfara State. Another contractor collected over N3 billion for a contract for the supply of medical equipment, but the commission traced a payment of N400 million from his account to a Bureau de Change operator. The contractor confessed the payment was to procure the dollar equivalent allegedly for the state governor.
“As part of the extensive investigation of contracts awarded by the Matawalle administration, especially for phantom projects in the local government areas, the commission has recovered a sum of N300 million from a company, Fezel Nigeria Limited. The funds were traced to the Zamfara Investment Company.
“The EFCC investigation is the source of anxiety in Government House, Gusau, with the governor in mortal dread of his fate once he steps down as governor on May 29. In Nigeria, state governors and their deputies enjoy immunity from criminal prosecution while in office, a reason the EFCC has yet to arrest Governor Matawalle.”