Mbah had dragged the NYSC before the court seeking N20bn damages over alleged conspiracy, deceit, and wilful misrepresentation of facts against him.
He had told that contrary to the allegation against him, he was issued a certificate of service on January 6, 2003, upon the completion of his NYSC.
But NYSC, in their response to the suit, through their lawyer, Aminu Sadauki, filed an objection, arguing that Mbah should have first petitioned or appealed to the Presidency, if he felt aggrieved over any actions or statements by the NYSC regarding his certificate, rather than going to the court.
He said the governor failed to take the opportunity provided in Section 20 of the NYSC Act before approaching the court.
In his response to the objection, however, the Governor told the court to dismiss the objection.
Mbah, through his counsel, Mr. Emeka Ozoani, SAN, said Section 20 of the NYSC Act, which NYSC’s lawyer referred to does not apply to him.
Mbah told the court to dismiss the objection on the ground that he is neither a serving Corps member nor an employee of the NYSC.
In his ruling, Justice Inyang Ekwo held that the provisions of Section 20 of the NYSC Act do not relate to Mbah, as he is not currently a serving NYSC member, an intended one, or an employee of the corps.
