May 29: Certificate scandal threatens Mbah’s inauguration

By OBINNA EZUGWU

The confirmation, on Friday, by Brig.-General Yushau Dogara Ahmed, director general of National Youth Service Corps (NYSC), that the NYSC certificate paraded by Mr. Peter Mbah, governor-elect of Enugu State, was not issued by the body, has rattled the People’s Democratic Party (PDP) in the state, and created further uncertainty ahead of the May 29 inauguration. But for the Labour Party and its candidate, Chijioke Edeoga, it’s another morale booster in their quest to take over the Lion Building, and bring an end to the main opposition party’s 24-year reign in the coal city.

The NYSC certificate controversy has become a scandal of sorts. Many would remember the case of Kemi Adeosun, former minister of finance, who was forced out of office following the revelation that she had forged her NYSC certificate.

Many in the Labour Party camp would hope for a similar outcome. But NYSC certificate is not a prerequisite for public office – as confirmed by the Federal High Court in the 2021 case between Kemi Adeosun and the Attorney General of Federation – which means that for Labour Party, it is about proving a case of forgery – a criminal offence – against the governor-elect, and this could get more complicated once he is sworn in as governor on May 29, and would then have immunity.

“NYSC certificate is not a requirement for public office,” noted Ezeaku Ebuka, a legal practitioner based in Enugu. “But if you tender one, it has to be genuine. What Mbah should have done is not to tender NYSC certificate, but he tendered it. Forgery is the case Labour Party is making.

“The idea for Labour Party is to see if they can use it to nullify his mandate. The essence of the petition will no longer make much sense if he becomes governor. He will have the leverage to prosecute the case all the way to the Supreme Court. However, if he is sacked by the Supreme Court, the state can still prosecute him for forgery.”

General Ahmed had during an appearance on Arise TV Morning Show on Friday, disclosed that Mbah approached him over the certificate, but he informed him that it was not issued by the NYSC.

“He came to me and I called my director to confirm the certificate, and we discovered that the certificate was fake and I told him. I wonder how elites, who have gone to school will resort to black market certificates,” he said.

The NYSC DG’s clarification came days after the Abuja division of the Federal High Court barred the body from further publishing a disclaimer denying the issuance of a certificate dated January 6, 2003 to the Enugu state governor-elect. Justice Inyang Ekwo, had issued the order last week following an ex parte application moved by Emeka Ozoani, SAN, on behalf of Mr. Mbah.

The judge also barred the NYSC Director, Corps Certification, Ibrahim Muhammad, from continuing to issue a disclaimer to the effect that Mr. Mbah’s NYSC certificate. But reacting to the decision of the court, Ahmed said he was not aware of any court case, as he had yet to be served court papers.

“He can decide to go to court, but this is the situation,” he said. ”If you are educated, you should know the right place to obtain your certificate. You don’t obtain a certificate in your room. I’m not aware that he has taken NYSC to court. You cannot sue anyone on the pages of newspapers.”

Meanwhile, following Gen. Dogara’s disclosure, Mbah, filed a N20 billion suit against the NYSC at the Federal High Court, over what he said is a conspiracy, deceit, and misrepresentation of facts.

In the suit, Mbah is equally seeking a declaration that he participated in the NYSC scheme vide a call-up letter number FRN/2001/800351; Lagos code LA/01/1532 and upon completion was issued a certificate of National Service No. A808297.

While the decision of the High Court is being awaited in this regard, the certificate controversy has become an additional headache for the Enugu governor-elect, who was declared winner of the March 18 governorship election under controversial circumstances, and the Labour Party, which came second in the results declared by the Independent National Electoral Commission (INEC), has since made it one of the cardinal point of its legal challenge.

“The NYSC certificate controversy was already a subsisting matter in court,” an Enugu based lawyer familiar with the legal challenge told Business Hallmark on the condition of anonymity. “When the election came, Labour Party, then included it as part of its petition. LP contends that the NYSC certificate that Mbah parades was forged, and that’s what the NYSC director general confirmed in that interview on Friday.”

Mbah was in the late hours of Wednesday, March 22, declared winner of the highly contentious March 18 governorship election in Enugu, edging out Edeoga of the Labour Party with a little more than 3,000 votes. The election was preceded by political tension between the two largest cultural groups, Nsukka and Nkanu, triggered in most part, by the claim, as captured in a viral video, by Okey Ezea, senator-elect for Enugu North (Nsukka zone), to the effect that the governorship election was a battle between Nsukka and Nkanu, and that it was an opportunity for the Nsukka bloc to prove their superiority.

“In Nkanu, everyone closed ranks to ensure that Mbah won,” said Kel Nnaji, a youth leader in Amiichi, a community in Nkanu.

“Several meetings were held, the likes of Frank Nweke of APGA and Chima Nnaji of APC were encouraged to step down for Mbah, but Frank refused. He walked out angrily, insisting that he would win.

“When the matter went to Abuja, even Jim Nwobodo and Ken Nnamani, who were at loggerheads, came together and ensured that Mbah was declared winner. Before the results were eventually declared, they had to make sure that they close loopholes in anticipation that Labour Party would go to court.”

Nnaji further noted that, “Within Nkanu, there was also the rivalry that emerged between those known as Ikenga and those known as Odenigbo (the outcast). The Odenigbo had the Labour Party structure and made sure they took all the positions, which added further impetus to the quest to ensure that Mbah won.”

Of the 17 local governments in Enugu, Enugu North senatorial district (Nsukka zone), has six, same as Enugu East (Nkanu zone), but Isi Uzo, one of the local governments in Enugu East is culturally Nsukka.

Edeoga is from Isi Uzo. And although he is from Enugu East senatorial district, the district billed to produce the next governor, in line with the zoning arrangement in the state, same as Mbah, the PDP candidate, he is culturally Nsukka, in a district dominated by the Nkanu.

Thus, while the Labour candidate insisted that he was qualified on the basis of his senatorial zone, and contending that it was only fair for the ‘neglected’ Isi Uzo bloc of Enugu East to be given a shot, the Nkanu bloc insisted that it was their turn. The claim by Ezea added fire to what was already a simmering flame. The Nkanu bloc rallied against what they now saw as a plot by Nsukka to deny them power. However, not many in Nsukka saw the contest as one between them and Nkanu, but largely about voting Labour Party in power.

The events reached a crescendo on Sunday, March 19, at the collation centre when results from Nsukka and Nkanu East local governments became contentious. The former, which is an urban local government that achieved vote tally of about 60,000 in the presidential election, returned 30,294 votes for Labour while PDP scored 10,886. In the latter, which is Mbah’s home LGA and had just over 12,000 votes in the presidential election, the number jumped to 30,350 votes for the PDP candidate and 1,855 for Labour.

Unwilling to accept the figures, Labour Party State agent, Dr. Eugene Edeoga raised objection over the result of Nkanu East, claiming that they were heavily padded to manipulate the outcome of the election in favour of the PDP candidate. The PDP State collation agent, Dr. Festus Uzo, also made similar allegations about Nsukka LGA, where the candidate of the Labour Party led with over 30,000 votes.

Consequently, the following day, Monday, amid series of protests from both supporters of both parties, the INEC national headquarters suspended the collation to review the results of the two local government areas in the issue.

On Wednesday night, the INEC returning officer, Prof. Maduebibisi Ofo Iwe announced that he had been “requested to return to Enugu, as the commission has concluded and resolved the issues in Nsukka and Nkanu East.”

According to him, “the petition against Nsukka was overruled by the commission. However, the petition about Nkanu East was sustained. The commission found that there was over-voting. From 30,350 the commission reduced it to 16,956 votes for PDP.

“The Labour Party vote was 1,855, after review, it became 1,864 votes that is the summary of what happened in Abuja. And based on the fact that the petition of Nkanu East is sustained we call on the collation officer of Nkanu East to come forward to collate the results of the Nkanu East.”

Though Labour contended that the Nkanu East votes ought to be cancelled on account of over voting, in line with the provisions of the Electoral Act 2022, the returning officer maintained that it was the decision of the electoral commission.

Mbah was declared winner by the Returning Officer, who said he polled a total of 160,895 votes to defeat Edeoga, who polled a total of 157,552 votes. As expected, the Labour Party candidate proceeded to court. On Friday, the state governorship election petition tribunal began pre-hearing at the state High Court complex.

In a recent interview with a national daily, Edeoga noted that the first item on his party’s agenda is that PDP has no candidate, as according to him, “NYSC has disclaimed the NYSC discharge certificate that Mr. Peter Mbah, the candidate of PDP submitted and all the processes have been followed.”

Edeoga noted further that, “what was submitted to INEC is available now and all the certified documents show that Peter Mbah in aid of his ambition to be governor, submitted a forged NYSC certificate to INEC. And then NYSC has seen it, it was brought to the attention of INEC by two forensic lawyers using the instrumentality of the Freedom of Information Act and NYSC has stated categorically that that document is not their own, that they are not the maker.

“So, our first point is to say that PDP has no candidate because the Constitution is very clear as amended, that if you submit a forged document, you are disqualified. So, our first ground is that PDP did not even have any candidate. If the Tribunal accepts that and the court accepts that, then all the votes that accrued to PDP were wasted votes. Number two is that we should be declared the winner.”

According to Labour Party candidate, their second ground is what they chose to call mathematical errors.

“We have detected, we did a forensic analysis of the results, certified documents that we got from INEC and we found out that in many parts of the state, especially in Udenu LGA, that the results that were duly entered for PDP at the polling units, when they went up to the collation, they switched them. So, we have instances where the LP will score 80, PDP will score 14 and it is duly registered, duly signed and documents are available at the polling units. When they went up to the point of collation, upstairs, they changed it.

“IREV has the victory of LP at the polling units but when they went to the point of collation, where all the units will come together, all the wards will come together, they now changed it. You will see that the victory of LP has now been switched to PDP and the loss of PDP has been transferred to LP.”

However, Mbah in his reply, through his team of lawyers led by Chief Wole Olanipekun (SAN), asked the tribunal to dismiss the petition filed by Edeoga and Labour Party, as it was incompetent and liable for dismissal Mbah stated that contrary to the claims of the petitioner, he “is more qualified, both educationally and otherwise, to contest the March 18 governorship election in Enugu State.”

The governor-elect pointed out that the alleged certificate forgery (one of the grounds for disqualification) had already been resolved by the court and as such the tribunal lacks jurisdiction to hear again and take a decision in the matter.

Mbah further claimed that Edeoga, who participated in the primaries of PDP and, who was recorded to have scored nine votes in the said primary election, cannot under the Electoral Act be presented by LP as its candidate.

The combined provisions of Section 77(2) and (3) of the Electoral Act, 2022 makes it mandatory for every political party to maintain a register of its members with INEC both soft and hard copy and make such a register of members available 30 days to the date of primaries.

“The Labour Party primaries was held on June 9, 2022, when as at May 25, 2022 when PDP held it Primaries, Chijioke Edeoga was at the venue of PDP primaries, where he contested but lost to Peter Mbah, who recorded 790 votes as against Edeoga, who recorded nine votes.

“Therefore, it is impossible for Edeoga to maintain that he was a member of the Labour Party 30 days before the governorship primary election of the Labour Party,” Mbah said.