Governor Peter Mbah of Enugu State, on Friday, failed to appear before the Governorship Election Petition Tribunal sitting in the state.
Saturday PUNCH reported on Thursday that the tribunal had ordered a substituted service of a subpoena on Mbah through his lawyer to appear before it on Friday, (today) over an alleged forgery of his National Youths Service Corps Discharge certificate.
His invitation by the tribunal followed an application by counsel for the Peoples Redemption Party, Alex Amujiogo, to appear before the tribunal.
The subpoena was immediately served on Mbah’s lawyer by Amujiogo.
However, when the case came up on Friday, the PRP counsel told the tribunal that Mbah did not honour the summons.
Amujiogo said, “This honourable tribunal had on June 22, 2023 made an order that the subpoena be served on Peter Mbah through his counsel. We have since done that for him to appear today.
“My Lord, it is obvious that he is not in court under the pretence of immunity. And today is my last day for me to close my case; my hands are tied and I have no choice than to close my case.”
When asked of his next line of action, Amujiogo told journalists, “It is now left for the tribunal, in the course of this matter, to know the next step that they will undertake as regards his refusal or inability to appear today before the tribunal; let us watch and see what the battle will be like, between the tribunal and the governor.”
However, the lead counsel for the Peoples Democratic Party, Anthony Ani, SAN, told journalists that the governor was ready to appear had the petitioners done the right thing.
The tribunal led by Justice K. M. Akano, however, adjourned the matter till June 24, 2023, for the 1st Respondent (INEC) to open its defence.
Meanwhile, Governor Mbah of Enugu State has prayed a Federal High Court, Abuja to commit the Director-General of National Youth Service Corps, Brig.-Gen. Yusha’u Ahmed, to prison over alleged disobedience to court order.
Mbah made the prayer in a Form 49 filed through his lawyer, Emeka Ozoani, SAN, before Justice Inyang Ekwo.
The News Agency of Nigeria reports that the application, dated and filed June 22, was filed in accordance with Order IX, Rule 13, Judgment Enforcement Rules of the Sheriffs and Civil Process Act, CAP. S6, Laws of the Federation of Nigeria, 2004.
The governor alleged that Ahmed flouted the order of the court made on May 15, restraining him from issuing, publishing or continued to issue, publish disclaimer to the effect that the NYSC certificate of national service dated Jan. 6, 2003, with certificate number: A.808297 issued to him was not issued by the corps.
“The plaintiff applied to this court for an order for your committal to prison for having disobeyed the order of this court,” it read in part.
In the Form 48 attached to the application, it read: ‘Take notice that unless you obey the directions contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison.”
Although the matter was scheduled for today (Friday) for motion, the court did not sit.
Consequently, the case was adjourned until July 4.
NAN reports that 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 had, 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 Ozoani.
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