In a ruling, Judge Inyang Ekwo determined that the defendants in the lawsuit, the corps and the Director General of the NYSC, had misrepresented material facts.
According to the judgment, Mbah's certificate from the NYSC was legitimately and authentically issued, and it was given to the Independent National Electoral Commission (INEC).
Judge Ekwo also declared that despite the governor being called into duty in 2001, his service was only finished in 2003, based on information presented to the court.
The court stated that Mbah was reinstated into the NYSC in 2003 after requesting and receiving permission from the organization midway through his service to attend the Nigeria Law School.
In addition, the judge chastised the corps for not prosecuting the governor for forgery if they truly thought that they had not given Mbah the aforementioned NYSC certificate, even if the proof that he worked for one Udeh's law practice was not contested by the NYSC.
He came to the conclusion that by refusing Mbah's NYSC certificate, the NYSC was cunning and had behaved badly.
According to the News Agency of Nigeria (NAN), Mbah filed a lawsuit against the NYSC and Mr. Ibrahim Muhammad, the Corps Certification Director, for releasing a statement disputing the issuance of a release certificate that was granted to him on January 6, 2003.
On May 15, Justice Ekwo issued an order prohibiting Muhammad, the NYSC, and any of their representatives from publishing in this manner going forward, while the substantive matter is being heard and decided.
The order came about as a result of an ex parte motion made by Mr. Emeka Ozoani, SAN, Mbah's attorney.
However, the NYCS requested an order dismissing or striking out the lawsuit due to lack of jurisdiction and competence in its preliminary objection, which was submitted on May 19 and received on May 22.
The National Youth Service Corps Act, Cap N84, Laws of the Federation of Nigeria, 2004 stipulated that Mbah had to appeal to the president before filing a lawsuit against the defendants. The corps made this claim based on three points of reasoning.
It contended that filing an appeal with the president was a prerequisite to filing a lawsuit against the defendants in any Nigerian court.