Recent developments at the ongoing Enugu State Governorship Election Petition Tribunal, have ignited a new wave of optimism within the ruling Peoples Democratic Party (PDP) in the state. State governor, Dr. Peter Mbah, is battling to defend some allegations leveled against him by the Labour Party (LP) candidate, Chijioke Edeoga and others challenging his election. Assistant Editor, ‘Dare Odufowokan, reports.
Last Wednesday, the Department of State Security (DSS) faulted claims by the National Youths Service Corps (NYSC) that the NYSC discharge certificate submitted to the Independent National Electoral Commission (INEC) by the governorship candidate of the Peoples Democratic Party (PDP) in the 2023 general election and incumbent governor of the state, Dr. Peter Mbah, was forged. The Nation gathered that this revelation by the DSS, which was made in a Statement on Oath adopted by its representative, Yahaya Isa Mohammed, at the ongoing Enugu State Governorship Election Petition Tribunal, has ignited a new wave of optimism within the ruling party in the state.
There have been fears among chieftains and members of the ruling party as regard the likely outcome of the ongoing trial of the cases against Mbah’s victory at the last governorship election in the state. The Labour Party (LP) and its gubernatorial candidate in the state, Chijioke Edeoga, as well as a couple of other parties and candidates have approached the Tribunal to challenge the declaration of PDP’s Mbah as the winner of the 2023 governorship contest in the southeast state. Of all the allegations against Mbah before the Tribunal, the claims that he forged his NYSC certificate appear the most dangerous.
Many chieftains and members of the party had been shocked and disappointed when the NYSC publicly denied that the governor’s discharged certificate emanated from it and declared them forged. To most PDP members and supporters in the state, the development remains a huge threat to the continued stay in office of its candidate. The opposition Labour Party (LP) had also celebrated NYSC’s denial of Mabh’s discharged certificate and assured its members that the governor’s days in office were numbered. The LP governorship candidate Edeoga, was the first runners up behind Mbah in the gubernatorial election.
Mbah polled 160,895 votes to defeat Edeoga, who scored 157,552 votes. The candidate of the All Progressives Grand Alliance (APGA), Frank Nweke Jr, garnered 17,983 votes to come third, while the candidate of the All Progressives Congress (APC), Uche Nnaji, was fourth, with 14,575 votes. Nnaji had further fueled the optimism in PDP during the week when he withdrew his petition against the victory of the PDP candidate during the last governorship election in the state. The petitioners’ counsel, Prof. Race Achara, while addressing the tribunal said his client wished to make an oral application to withdraw the petition which had its suit number as EPTEN/GOV/07/2023 from the court.
Respites for Mbah
“My lords, as has been instructed by my client, I wish to make an oral application before the honourable tribunal to withdraw the petition filed against the first, second and third respondents in this matter so that we will no longer be wasting the time of the court, as we were not able to gather the evidence that will help in prosecuting the matter,” counsel to Nnaji said. The Chairman of the tribunal, Justice M. K Akano, therefore, made a ruling striking out the petition to the delight of the legal team of the governor and other PDP chieftains as well as well wishers across the state.
Barely twenty four hours after the respite offered by APGA’s Nnaji, the DSS added to the celebrations within the ruling party in Enugu State when it not only cleared Mbah of certificate forgery but also accused the NYSC of shoddy and hasty investigation for its conclusion that the governor’s discharge certificate was fake. The Service added that certificates in Mbah’s series were found to have been issued to Corps members in Lagos, contrary NYSC’s claim.
Recalling that the NYSC misplaced Mbah’s original file and opened a temporary one for him, the service added that NYSC was also unable to trace to whom or which state or states of the federation 12 of its certificates, A808297 to A808308 were issued. “The failure of the NYSC to maintain a proper record keeping system was the cause of its inability to trace Peter Ndubuisi Mbah’s initial certificate. It would be wrong for the NYSC to blame Peter Ndubuisi Mbah for its own failure in record keeping,” DSS said as Mbah called two witnesses to open his defence.
Mohammed, the subpoenaed DSS Deputy Director, Operations and Strategic Department, said the security agency commenced investigation into the discharge certificate controversy following a petition to it by Mbah dated February 8, 2023. “That there were exchanges of correspondences between Mbah and the NYSC at every stage of their interactions. Mbah did not take any action without the NYSC’s approval. That Mbah’s file with the NYSC got missing at some point in time and NYSC started using a temporary file for him. For instance, in NYSC response to his application for deferment, the file number was LA/10/1532, while in their response to his remobilization application, the file number was LA/01/1532/T.
A mix up?
According to the DSS, from the documents presented by NYSC regarding certificate numbers, about twelve (12) certificate numbers (A808297-A808308) which includes that of Mbah, remained unaccounted for in the eight (8) series by the NYSC. “That there was a mix up in his record as a result of the missing file” he told the tribunal. The difference in Mbah’s certificate number compared to others that were mobilized at the same time, is due to the inability of NYSC to trace the initial file where the first certificate A678 was.
“That 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 mobilization and re-instatement indicated that he served, hence no need for him to forge certificate. That NYSC did not do a thorough job before concluding that the certificate Mbah presented is fake. That the Director Corps Certification (Ibrahim Muhammad) failed to exploit all available avenues to ensure that due diligence was done before issuing a statement on the matter.
“That against NYSC claim that “8 Series” Certificates were not issued in Lagos State, upon insistence by the Service for them to check their records properly, certificates in that series were discovered to be have issued to some Corps members who served in Lagos State. That NYSC did not have a proper record. This resulted in the misplacement of Mbah’s initial file by NYSC and the use of temporary file for him as well as its inability to trace whom or which State(s) twelve (12) of its certificates (A808297 to A808308) were issued.
“That all through Mbah’s service year, from the first mobilization to his service reinstatement after his Bar Final examination, Udeh & Associates where he did his primary assignment, issued him clearance letters on a monthly basis. That NYSC certificate series are not based on State of service, as all certificate series including the “8-Series” were issued in all the States of the federation as against NYSC’s claim that its certificates series are State-based. That the claim by Muhammad (NYSC Director of Corps Certification) that Mbah’s supposed ‘6-Series’ certificate was part of 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.”
Demand for retraction
The DSS in its submission suggested that the NYSC should retract its initial letter that the Ebugu governor’s certificate was not issued by it, insisting that it failed trace its records for twelve (12) certificates (A808297-A808308), inclusive of Peter Ndubuisi Mbah’s. “That the NYSC, the petitioner as well as other relevant action agencies such as the Independent National Electoral Commission (INEC) and Secretary to the Government of the Federation (SGF) be intimated about the outcome of the investigation.
The DSS however, said it came to its conclusion relying, among others, on the verified documents submitted by the governor and the NYSC, most of which are one and the same. Documents tendered by Mbah, according to the agency’s were: Correspondence between Mbah and the NYSC at every stage of their interactions; Mbah’s call up letter with Serial Number: 0134613, Reference Number: NYSC/FRN/2001/800351 and deployment State – (Lagos State); Mbah’s posting letter with reference number LA/01/1532 to Udeh & Associates for his primary assignment
The DSS confirmed that the governor signed monthly clearance letter for 11 months from Udeh & Associates law firm, Lagos where he served and also signed final clearance letter from Udeh & Associates law firm, Lagos dated September, 2003; Mbah’s application for deferment of his service year; NYSC’s approval of his application for deferment; Mbah’s application for reinstatement to complete his service; NYSC’s approval of his application for reinstatement (with Reference Number: LA/01/1532/T): letter from Udeh & Associates law firm in Lagos, confirming that Mbah served with the firm and ensuing clearances including the final clearance were issued to him; and Mbah’s NYSC Certificate of National Service with number A808297.
Not yet Uhuru
With the latest developments at the Tribunal, sources say the mood in the ruling party is that of optimism. To many members of the party, the worst is over in the cases against the governor. Barrister Ikechukwu Onuoma, one of the counsel to the governor, speaking after Wednesday’s proceedings, said all the allegations against had been debunked by witnesses who appeared at the Tribunal. “Today, during the proceedings, we had opened our case with evidence by Dr. F.S.A Uzoh adopting the Statement on Oath. He gave evidence in the areas in dispute as the State Collation Agent. We also had the second witness, Isa Mohammed, who is a staff of the DSS.
“He investigated the alleged certificate, which the petitioners stated was not issued by the NYSC. And he also debunked that allegation clearly in the witness box. With these two witnesses, we think that we fielded credible witnesses in order to debunk the two grounds. And these two grounds are first, the grounds of non-qualification as alleged by the petitioner. The second is the ground of alleged non-compliance with the provisions of the Electoral Act. And we think that these two witnesses have sufficiently debunked those allegations and with that we have closed our case for the 2nd Respondent, Dr. Peter Mbah”.
The PDP opened its defence on Thursday 20, July 2023 at the tribunal. However, it appears the it is not yet Uhuru for Mbah as some of his critics insist he still has to explain how he served the same year he was appointed the Chief of Staff to the then governor of the state. a member of the LP’s legal team on Thursday debunked claims that all allegations against the governor has been explained away before the Tribunal. “It is funny the way these people celebrate every flimsy argument. The law is not a bicycle that you can explain with jus the gesticulation of your hands. We are doing well in proving the case of forgery,” he said.
A post is also currently trending on social media showing the appointment letter dated July 14, 2003, given to Mbah and signed by the then Secretary to the State Governor (SSG), Innicent Agbo. The letter conveyed the decision of the then governor, Chimaroke Nnamani to appoint Mbah as his Chief of Staff, stating that the appointment took effect from July 10, 2003. With this new development, some observers of the politics of the state say the last may not have been heard about the many legal threats to Mbah’s continued stay in office as governor of Enugu’s state.