*As Kunle Edun Appointed Lead Counsel In Certificate Forgery Case Against Nysc, House Of Rep Member
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The Centre For Democracy and Defence of Humam Rights (CDR) has dragged the National Youth Service Corp and REV. EJIROGHENE WAIVE, an elected member of the Federal House of Representatives, representing Ughelli North/Ughelli South/Udu Federal Constituency, to court over the validity of his NYSC Certificate.
The matter with Suit No: FHC /WR/CS/10/202, which was commenced by way of an Originating Summons, at the Federal High Court, Warri Judicial division, and made available to TheNigerialawyer (TNL), is seeking for the determination of the following questions to wit: Whether, the fact of the 2nd Defendant’s use of different names at different times for official purposes is not fraudulent; Whether in view of the admission by the 1st Defendant that it was WAIVE EJIROGHENE E., and not WAIVE FRANCIS EJIROGHENE that attended the Edo State University, the 2nd Defendant can be said to have graduated from the Edo State University; Whether the 2nd Defendant has a right to be the holder of the NYSC Discharge Certificate No. A349204 and call up No. nysc/LA/EUE/93/41154 in the absence of any credible evidence confirming that WAIVE EJIROGHENE E. ever attended Edo State University and name forwarded for the mandatory National Youth service and Whether there is any credible evidence confirming that the 2nd Defendant is the owner of all the different names without a proper formal process of change of name done prior to the use of the new names.
According to the information deposed to in the Affidavit supporting the Originating Process, it was alleged that each time the 2nd Defendant adopts or uses a different name he never took any formal step to change the names before the names were officially used and till date he has not taken the formal step for name change.
Some facts in the Affidavit reads thus: The 2nd Defendant claims to have attended and graduated from the Edo State University, Ekpoma, Nigeria and was purportedly issued a Bachelor of Science (Accounting/Finance) Degree Certificate on the 29th day of April, 1994 bearing the name WAIVE FRANCIS EJIROGHENE with Certificate No. FD 000826. Attached and marked as Exhibit TP1 is a copy of the Degree certificate.
“The 2nd Defendant alleged that he was called up and underwent the mandatory National Youth Service scheme of the 1st Defendant and upon completion was purportedly issued a Certificate of National Service dated 29th May, 1995 bearing the name WAIVE, EJIROGHENE E. (without Francis) NYSC Discharge Certificate No. A349204 and call up No. nysc/LA/EUE/93/41154. The Certificate purports that the 2nd Defendant completed the one year mandatory service from the 30th day of May, 1994 to the 29th day of May, 1995. Attached and marked as Exhibit TP2 is a copy of the NYSC Certificate.
“That the practice of the 1st Defendant is that it is the Universities/Polytechnics and/or qualified institutions that forward the names of qualified graduates from their institutions that are of or less than 30 years old immediately upon completion of their undergraduate studies to the 1st Defendant to be processed to undergo the National Youth Service scheme for one full year. This is particularly so, for graduates of Nigerian higher institutions.That the 1st Defendant calls up qualified graduates for service and issues a formal letter of call up with same name furnished by the higher institutions.
“That without the call up letter, no qualified person would be allowed to undergo the mandatory National Service.
That NYSC only accepts the names of qualified graduates sent to it by qualified higher institutions, and the names sent by the higher institutions are the same on the Degree Certificates issued by the qualifying higher institutions for the qualified graduates.
‘That it is Edo State University that sends names of her graduates to the NYSC and it is the same name in the records of the Edo State University and on the Degree Certificates issued to the graduates that are sent to the 1st Defendant (NYSC). That in this case the NYSC Certificate of the 2nd Defendant bears a name different from the name on the Certificate issued to him by the Edo State University. The name “Francis” disappeared and the letter “E” appeared on the purported NYSC Certificate.
“That the 2nd Defendant never made any application for change of name before purporting to undergo the National Service nor made any formal application to correct any error on the NYSC Certificate since he was allegedly issued and aware of same more than 25 years ago; that the purported affidavit of Justification made on the 10th day of January, 2018 is completely silent on the new set of names on the NYSC Certificate (purportedly issued 23 years earlier). The names on the Degree and NYSC certificates do not belong to the 2nd Defendant.
“That each time the 2nd Defendant adopts or uses a different name he never took any formal step to change the names before the names were officially used and till date he has not taken the formal step for name change.”
The applicant further argued that the NYSC certificate of the 1st Defendant is forged. It was alleged that the 1st Defendant’s Primary School records have only Ejiro Waive as his name; his Secondary School (Aladja Grammar School) records/certificate show Waive Ejiroghene; Edo State University records bear Waive Francis Ejiroghene; NYSC records his name as Waive Ejiroghene E; and that the 2nd Defendant’s voter’s card that was issued many years after he allegedly obtained his Degree and NYSC certificates bears the name Waive Ejiro.
The Group is, therefore, seeking for amongst others, a Declaration that the NYSC Discharge Certificate No. A349204 purportedly issued to the 2nd Defendant is false, unreliable, questionable and therefore not valid, as the 2nd Defendant did not undergo the mandatory National Youth Service Scheme; a Declaration that the 2nd Defendant is not qualified to occupy and/or hold any public office in Nigeria on the ground of failure to undergo the mandatory National Youth Service Scheme; an order restraining the 2nd Defendant from further occupying any public office in Nigeria and to vacate any office presently holding immediately, etc.
The Summons was taken out by OLUKUNLE OGHENEOVO EDUN, Esq. of TRILEX PARTNERS LP.
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