NYSC at tribunal tenders documents, tribunal admits them against respondents’ objection
By Jeph Ajobaju, Chief Copy Editor
Documents were at the weekend tendered by the National Youth Service Corps (NYSC) at the Enugu Governorship Election Tribunal in the petition filed by the Labour Party (LP) against Governor Peter Mbah, whom the party alleged forged his NYSC discharge certificate.
The LP and its governorship candidate, Chijioke Edeoga, produced NYSC Director of Certification Aliyu Mohammed as its first witness to prove the allegation.
Mohammed tendered some documents which the tribunal admitted in evidence, against the objection of the respondents, Mbah, his Peoples Democratic Party (PDP), and the Independent National Electoral Commission (INEC).
The documents tendered include
- The alleged forged discharge certificate Mbah used
- Original discharge certificate the NYSC said Mbah ought to have collected
- A letter written by Oma and Partners, a law firm based in Abuja, which asked the NYSC to scrutinise the discharge certificate Mbah submitted to the Independent National Electoral Commission (INEC)
The petitioners, represented by Adegboyega Awomolo, SAN, leading Valerie Azinge, SAN, Ifeanyi Ogenyi, and others, led Mohammed (PW1) in evidence.
Mohammed adopted his written deposition on oath which was tendered and admitted in evidence by the tribunal, despite objection by PDP counsel Anthony Ani, SAN.
Ani objected to the admissibility of the document and opted to move a motion dated and filed on July 7 which seeks to implore the tribunal to strike out Mohammed’s written deposition on oath on grounds of incompetence. The lawyers for Mbah and the INEC also objected.
The respondents relied on the Court of Appeal decision in the case of ANDP & anor V INEC and that of Damina & Anor V Adamu and ors and asked the court to strike out the written deposition for a lack of competence.
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.
The tribunal admitted the document and reserved ruling on the objections raised by the respondents for final judgment.
Mohammed, in his examination-in-chief, told the tribunal 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 issues on Mbah’s discharge certificate purportedly issued by the NYSC.
The subpoena was admitted in evidence without objection from the respondents.
Mohammed also tendered his NYSC official identity card which was equally admitted in evidence.
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Other documents tendered and admitted in evidence
In paragraph three (3) of Mohammed’s deposition on oath, he said in “obedience to the subpoena by the tribunal, I came with the authentic discharge certificate of the Governor, as well as the one purportedly given to him.”
The respondent’s counsel objected to the admissibility of the documents and reserved their reasons for final written addresses, but the tribunal overruled the objection and admitted the documents in evidence, per reporting by Vanguard.
The petitioners also presented another witness (PW2), Mary Nneoma Elijah, a principal partner in the law firm of Oma and Partners based in Abuja.
When she tendered her written deposition on oath as evidence, the respondents’ counsel objected, citing the same grounds raised in the first stage. But the tribunal admitted the document and reserved ruling on the objection for judgment.
Elijah also adopted the subpoena of the tribunal dated the 21 June 2023 which was admitted in evidence.
Other documents tendered and admitted in evidence against the objection of the respondents include:
- Elijah’s letter to the INEC
- INEC’s reply to the letter
- A letter addressed to a Lagos Federal High Court Judge for the production of a letter dated 14 July 2003, which appointed Mbah as the Chief of Staff to the then Enugu Governor Chimaroke Nnamani in the same year Mbah claimed he was doing his NYSC
The tribunal adjourned the hearing until July 11.
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