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Nigerian High Court Overturns Expulsion of University of Ilorin Student, Awards N3 Million in Damages

By Omowumi Omotosho

 

 

A Federal High Court in Ilorin, Kwara State, has nullified the 2018 expulsion of Babatunde Alada, a final-year student at the University of Ilorin.

Alada, a student from the Faculty of Veterinary Medicine, faced expulsion for alleged involvement in examination malpractice.

The University of Ilorin, through a letter signed by Registrar Modupe Olowoleni on July 12, 2018, stated that Alada was expelled after the Students’ Disciplinary Committee found him guilty of examination misconduct.

Unsatisfied with the school’s decision, Alada took the matter to the Federal High Court.

In the ruling delivered by Justice E. N. Anyadike, the court found that Alada had been wrongfully expelled and ordered his immediate reinstatement. The court also directed the university to pay Alada N3 million in general damages for the delay caused to his academic progress over more than five years.

Justice Anyadike’s ruling stated: “I declare that the failure of the Defendants to follow the mandatory procedures laid down in Section 16(c)(iii)(a-d) of the Students Information and Regulation Handbook of the 1st Defendant renders the procedure of investigating the alleged examination misconduct against the Plaintiff invalid, null, void and of no effect.”

The judgment also noted: “I declare that the failure of the Defendants to observe and follow the principles of fair hearing during the proceedings of the sittings of the Students’ Disciplinary Committees of 1st Defendant renders the proceedings and hearings of the Disciplinary Committees invalid, null, void and of no effect.

Furthermore, it was ordered: “I hereby order that the proceedings of both the Faculty Students Disciplinary Committee and the 1st Defendant’s Students Disciplinary Committee pursuant to the alleged examination misconduct against the Plaintiff be and is hereby set aside.”

“I order that the reports of the Faculty’s Students Disciplinary Committee dated 17/10/2017 and the 1st Defendant’s Students Disciplinary Committee be and is hereby set aside.”

“I order that the expulsion of the Plaintiff vide a letter of 1st Defendant dated 12/7/2018 be and is hereby set aside.”

“I hereby compel and mandate the 1st Defendant to reinstate the Plaintiff as a Student of the 1st Defendant without any loss of his academic records/results up till 12/7/2018 when he was expelled.

The court concluded with: “I order the 1st Defendant to pay general damages in the sum of Three Million Naira (N3,000,000.00) to the Plaintiff.”

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