Tribunal: DSS exonerates Mbah on the charge of forging NYSC certificate

Contrary to what the NYSC claimed, the DSS found that the certificates in a series that featured Mbah’s were actually given to Corps members in Lagos.

Peter Mbah, the governor of Enugu State and a candidate for governor on March 18 on behalf of the Peoples Democratic Party (PDP), has been accused of forging his NYSC discharge certificate, according to the National Youth Service Corps (NYSC).

As Mbah called two witnesses to begin his case on Wednesday, the DSS made its position clear in a written statement on oath that was adopted by its representative, Mr. Yahaya Isa Mohammed, in the ongoing Enugu State Governorship Election Petition Tribunal.

The subpoenaed DSS Deputy Director, Operations and Strategic Department testified that after receiving a petition from Mbah dated February 8, 2023, the security agency started an investigation into the discharge certificate matter.

Contrary to what the NYSC claimed, the DSS found that the certificates in a series that featured Mbah’s were actually given to Corps members in Lagos.

The Corps was also unable to determine to whom or which state or states of the federation 12 of its certificates, A808297 to A808308, were issued. It expressed displeasure at the NYSC’s loss of Mbah’s original file and opened a temporary one for him.

The security agency stated that the NYSC’s inability to track down Peter Ndubuisi Mbah’s first certificate was due to its lack of a good record-keeping system, and that it would be incorrect for the NYSC to place the blame for this failure on Peter Ndubuisi Mbah.

The investigation, according to Mohammed, “showed that there were correspondence exchanges between Mbah and the NYSC at every stage of their interactions.” Mbah didn’t do anything without the NYSC’s permission.

That at some point, Mbah’s NYSC file went missing, and the NYSC began keeping a temporary file for him. For instance, the file number in NYSC’s response to his deferral application was LA/10/1532, whereas the file number in their response to his remobilization application was LA/01/1532/T.

That due to the missing file, there was a mix-up in his record.

“That the inability of NYSC to trace the initial file where the first certificate A678 was” is the cause of Mbah’s certificate number being different from that of others who were mobilised at the same time.

According to him, “about twelve (12) certificate numbers (A808297-A808308), including that of Mbah, remained unaccounted for in the eight (8) series by the NYSC from the documents presented by NYSC regarding certificate numbers.”

Mohammed added, “There was no need for him to fabricate a certificate because the law firm, Udeh & Associates, where Mbah served, cleared him for his monthly clearance for eleven (11) months covering January-June 2002 and May-August 2003 as well as his final clearance in September 2003 covering the period of his first mobilisation and re-instatement.

That the NYSC did not conduct a comprehensive investigation before determining that the certificate Mbah provided was a forgery.

The Director of Corps Certification (Ibrahim Muhammad) did not take full advantage of all of his options to make sure that due diligence was done before making a statement on the situation.

“That contrary to NYSC’s allegation that “8 Series” Certificates were not issued in Lagos State, it was found that some Corps members who served in Lagos State did in fact receive certificates in that series after the Service insisted that NYSC thoroughly verify their records.

“That NYSC has an incomplete record. A temporary file was used for Mbah as a result, and NYSC was unable to determine who or which State(s) provided the twelve (12) certificates (A808297 to A808308) that were issued as a result.

“That Udeh & Associates, where Mbah completed his principal assignment, granted him clearance letters on a monthly basis throughout the course of his service year, from the initial mobilisation to his service reinstatement following his Bar Final examination.

“That NYSC certificate series are not based on State of service, as all certificate series, including the “8-Series,” were granted in all the States of the federation in contrast to NYSC’s assertion that its certificate series are State-based.

“That Mbah’s purported “6-Series” certificate was among the certificates shredded/destroyed by the NYSC negates the claim that he did not serve, as it is impossible to produce the said shredded certificate for Mbah, if he did not serve,” claims Muhammad (NYSC Director of Corps Certification).

The NYSC’s failure to keep proper records was the reason it was unable to locate Peter Ndubuisi Mbah’s initial certificate, the DSS continued, adding that “it would be wrong for the NYSC to blame Peter Ndubuisi Mbah for its own failure in record keeping.”

Therefore, the agency recommended: “That the NYSC withdraw its earlier letter claiming that the certificate for Peter Ndubuisi Mbah was not granted by it, since it has failed to trace its records for twelve (12) certificates (A808297-A808308), including Peter Ndubuisi Mbah’s.

“That the results of the investigation be communicated to the NYSC, the petitioner, and other pertinent action organisations like the Independent National Electoral Commission (INEC) and Secretary to the Government of the Federation (SGF).”

“That the NYSC be requested to trace the said certificates and to explain why twelve (12) certificates with serial numbers (A808297 to A808308) are still missing.”

The DSS claimed that it reached its determination based on a number of factors, including the verified documents provided by Mbah and the NYSC, the majority of which it claimed were “one and the same”.

Mbah’s call-up letter with Serial Number: 0134613, Reference Number: NYSC/FRN/2001/800351 and deployment State – (Lagos State), as well as Mbah’s posting letter with reference number LA/01/1532 to Udeh & Associates for his primary assignment, are among the documents that Mbah allegedly tendered to the agency.

The documents also include Mbah’s application for a deferment of his service year, NYSC’s approval of his application for a deferment, and Mbah’s application to be reinstated to finish his service. The documents also include Mbah’s signed monthly clearance letters from Udeh & Associates law firm, Lagos, and signed final clearance letters from Udeh & Associates law firm, Lagos, dated September 2003.

Others include a letter from the Lagos law firm of Udeh & Associates confirming that Mbah served there and that all subsequent clearances, including the final clearance, were granted to him, as well as Mbah’s NYSC Certificate of National Service, which has the number A808297.

Chief Awomolo Adogoke, SAN, the lead attorney for the Labour Party and the petitioner against Mbah, the second respondent in the case, asked Mr. Yahaya Isa Mohammed, a DSS representative, during the cross-examination if his attendance was official and approved by the agency’s director general. The witness replied in the affirmative.

He claimed that he had been summoned by the tribunal and was now in court.

Speaking to journalists, Mr. Ikechukwu Onuoma, a member of the legal team representing Mbah, claimed that the two witnesses had successfully refuted all of the accusations made against his client.

“We had introduced our case during today’s hearings with testimony from Dr. F.S.A. Uzoh accepting the Statement on Oath. As the State Collation Agent, he provided testimony in the areas of contention, Onuoma stated.

“We also had Isa Mohammed, a DSS employee, as a second witness. The petitioners claimed that the said certificate was not issued by the NYSC, therefore he looked into it. Additionally, he refuted that accusation unequivocally in the witness stand.

“With these two witnesses, we believe we have gathered reliable evidence to refute the two premises. The petitioner’s claimed grounds for non-qualification are the first of these two arguments.

“The second is the allegation of failure to comply with the Electoral Act’s requirements. And with that, we have concluded our case against the second respondent, Dr. Peter Mbah, believing that these two witnesses have satisfactorily refuted those accusations.

See the court documents below: