RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Awka Judicial Division delivered on the 6th of December 2016 in Suit No. FHC/AWK/CS/118/2016.
In the said judgment, the lower Court dismissed the suit of the Appellant.
SYNOPSIS OF FACTS By originating motion on notice filed on the 8th of July 2016, the Appellant (as Applicant in the Court below) sought leave to apply for an Order of mandamus requiring the National Youth Service Corps (NYSC) and the Director General of National Youth Service Corps (NYSC) to issue the Applicant a certificate of National Service, the Respondents having willfully unconstitutionally, illegally and unlawfully denied or withheld same from the Applicant since 15th of October 2015 when the Applicant completed the mandatory National Youth Service Corps (NYSC).
And an order for substituted service of the originating process and all other processes in this Suit on the Respondents. Pages 2 3 of the Record of Appeal.
In the motion on notice filed on the 10th of October 2017, the Applicant seeks judgment in this suit, the Respondent having willfully, illegally and unlawfully denied or withheld same from the Appellant since 15th October 2015 when the Appellant completed the mandatory National Youth Service with National Youth Service Corps (NYSC).
N10, 000 000.00 (Ten Million naira) as general/or punitive damages jointly and severally against the Respondents.
25% interest compounded on the amount awarded. This is accompanied by a statement in support of the application and a verifying affidavit. Pages 1 10 of the Record of appeal.
The Appellant had been shortlisted and mobilized for National Service on Batch C of the National Youth Service Corps (NYSC) of the 1st Respondent.
He was posted to Bayelsa State of Nigeria in November 2014, where he, (between November 2014 and October 2015) he undertook the National Service, and successfully passed out upon the completion thereof.
The Respondent had refused to issue to him his certificate of service (NYSC Discharge Certificate) despite repeated demands for same. He appealed to the Office of the President, he also commenced his suit by seeking the leave of the lower Court to apply for an order of mandamus compelling the Respondents to issue him his certificate of discharge from the NYSC.
After the hearing of the application, it was granted by the lower Court on the 4th of October 2016. On the 10th of October 2016, the Appellant applied that an order of mandamus be issued against the defendants (Respondents in this appeal).
Upon being served, the Respondents filed a memorandum of conditional appearance and a counter affidavit with a written address.
According to the Respondents, the Appellant had filed the current suit against them at the Lagos Division of the Federal High Court for the refund of monies collected by the Respondents from prospective corps members for online registration and printing of call-up letters. That the Federal High Court, while dismissing that suit had disclosed that a case of perjury was established against the Appellant which was being investigated by the Federal High Court.
The Respondents asserted that their decision to withhold the Appellant’s Certificate of National service was to await the final report of the investigation of the allegation of perjury by the Federal
…………………….B…………………….
