Appeal Court reinstates 3 expelled UNN students union leaders

By Chinedu Sabastine

COURT of appeal Enugu division on weekend supported the judgement of Federal High Court 2, Enugu which reinstated the three student union leaders of the University of Nigeria, Nsukka who were expelled aftermath of the University student’s violent protest of January 16, 2010.

The Court of Appeal dismissed the appeal filed by the University of Nigeria, Nsukka, UNN.

The Court of Appeal in a unanimous decision read by the Presiding Judge of the Court of Appeal Justice Ignatius Agube and concurred to by Hon. Justice Bolaji Yussuf and justice T. Tur held that the Administrative Panel that investigated the student crises did not observe the Rule of Natural justice as the students were not given opportunity to defend themselves.

The court stated that after considering the argument of the Learned senior counsel for the Appellant (University of Nigeria Nsukka), Chief Dr. Ejike Umeh (SAN) and Olu Omotayo Esq. for the Respondents (students), the court was of the view that no man should be condemned unheard.

The court stated that the Administrative Panel which decision were to affect the rights of the students is an abnegation of the judicial powers of the court in section 6 of the Constitution of the Federal Republic of Nigeria and the fundamental rights of the students.

The court held that the students were arbitrarily expelled and no amount can compensate them for almost 7 years spent on litigation.

The court dismissed the appeal of the University as unmeritorious, upheld the judgment of the lower court and awarded cost of N150, 000 (One hundred and fifty thousand naira) against the University.

It would be recalled that the three students Samuel Ani, final year Library & Information Science student and the Deputy Clerk of the Student Union Senate of the University; Daniel Alagboso, final year Pharmacy student and a senator (Chairman Senate Committee on Staff and Students relationship) of the Student Union Senate of the University and Maxwell Akwuruoha a final year Biochemistry student and a member of the Student Union House of Representatives of the University, were expelled aftermath of the University’s students’ violent protest of January 16, 2010

The students filed a suit against the University of Nigeria and Professor Bartholomew Okolo, The Vice Chancellor of the University at the Federal High Court on the 2nd day of July 2010 . The title of the case is Samuel Ani and 2 others V. University of Nigeria & Another Suit No: FHC/ EN/ M/ 238/ 2010

Wherein they sought these reliefs:

1. A) A declaration that the purported expulsion of the Applicants’ from the University of Nigeria by the Respondents for what the Respondents termed acts of gross misconduct to wit: violent protest and wanton destruction of the University property which are offences under the Criminal Code, without giving the applicants the opportunity to defend themselves of whatever allegations levelled against them before the Administrative Panel of inquiry set up by the Respondent, constitutes a flagrant violation of the applicants’ fundamental rights to fair hearing, guaranteed under sections 36 of the Constitution of the Federal Republic Of Nigeria,1999 and Article 7, of the African Charter on Human & Peoples’ Rights, (Ratification) and Enforcement Act) Cap.A9, Laws of the Federation of Nigeria, 2004 and is therefore illegal unconstitutional, null and void.

1. B) A Declaration that the applicants be re-admitted into the University of Nigeria to continue their studies with immediate effect.

1. C) A declaration that the Respondents acted with bias in purporting to expel the applicants.

1. D) An Order of Perpetual Injunction restraining the Respondents, whether by themselves, their agents, privies or otherwise howsoever from further interfering with the rights of the applicants in any manner whatsoever based on the facts enumerated in this application.

1. E) N1 million naira being exemplary, punitive, aggravated, special and general damages against the respondent for their infringement of the applicants’ constitutional rights.

The Federal High Court presided over by Hon. Justice D.V. Agishi had in October 2012, gave judgment to the students and held as Follows: I found that the fundamental rights of the applicants have been breached, they were found guilty of criminal misconduct which only a court of law has jurisdiction to try, and their expulsion is declared unlawful and illegal. The Court went ahead to grant all the reliefs sought by the applicant except relief (E) which the Court granted the sum of N50 thousand naira to the Applicants.