According to the NYSC's lawyer, it was only when the Presidency was unable to resolve the matter that he would have the right to approach the court.
Governor Peter Mbah of Enugu State has asked a Federal High Court sitting in Abuja to dismiss the preliminary objections filed by the National Youth Service Corps (NYSC) against the N20billion lawsuit he filed against the agency for alleged conspiracy and misrepresentation of facts against him over his discharge certificate.
Meanwhile, Justice Inyang Ekwo fixed September 22 for ruling in the case, shortly after the governor, through his lawyer, A. S. Oshomegie, a Senior Advocate of Nigeria, made the appeal.
The NYSC, through its counsel, Aminu Sadauki, while moving his objection to Mbah's lawsuit, told the court that Governor Mbah should have first petitioned or appealed to the Presidency if he was aggrieved about any actions or statements by the NYSC, rather than approaching the court straightaway.
According to the NYSC's lawyer, it was only when the Presidency was unable to resolve the matter that he would have the right to approach the court.
However, Mbah, in his objection, told the court to dismiss NYSC's objection on the ground that he was neither a serving corps member nor an employee of the NYSC.
According to him, Section 20 of the NYSC Act, which NYSC's lawyer referred to did not apply to him.
After counsels in the matter adopted and argued their written addresses, Justice Ekwo fixed the case for September 22 for ruling.
It would be recalled that counsel to NYSC, Aminu Sadauki, told the court that he filed a notice of preliminary objection and the court asked, if he filed it alongside substantive matter, to which he responded in the negative.
Counsel to Governor Mbah, Mr. Emeka Ozoani, SAN, had conceded more time to allow Sadauki regularise his papers.
The court had adjourned to July 11, 2023, for definite hearing of the substantive matter, thus giving rise to Tuesday's hearing.