Bukola Oluwaseun Olutayo V. Federal University of Technology, Minna & Ors (2007)

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ABOKI, J.C.A.

This is an appeal from the decision of the Niger State High Court No.5 Minna delivered on 19/6/2006 by Maria Sanda-Zukogi J.

The suit at the lower court relates to the breach of appellant’s fundamental right to fair hearing resulting from her expulsion from Federal University of Technology, Minna (1st respondent). The suit was brought under Order 2 rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 1979. The applicant prayed for the following reliefs:

“(1) An order declaring applicant’s suspension and subsequent expulsion as being in breach of her

constitutional right to fair hearing and are therefore, null and void and of no effect.

(2) An order directing the respondent to within 7 days of the order of the court serve on the applicant:

(a) a letter withdrawing the purported letter of expulsion of the applicant from the Federal University of Technology, Minna;

(b) a letter recalling her to the Federal University of Technology, Minna to continue with her academic activities as a student.

(3) An order directing the respondent to pay to the applicant N500,000 as general damages.

(4) Such further order(s) as the court may deem fit to make in the circumstances.”

In support of the application is a twenty-one (21) paragraph affidavit. Paragraphs 1-20 are pertinent and are hereby adumbrated as follows:

“AFFIDAVIT IN SUPPORT

I, BUKOLA OLUWASEUN OLUTAYO, Nigerian, Female, Christian, Student of No. 10, Area 1 Section 2, Garki – Abuja make Oath and state as follows:

1. That I am the applicant herein.
2. That until my suspension and ultimate expulsion from the respondent, I was a student in the Department of Agric. Engineering of the School of Engineering and Engineering Technology thereat.
3. That my student identification number is 2003/14862EA.
4. That I was initially admitted into the one-year Remedial (Science) Programme 2001/2002 Session on successful completion of which I was absorbed into the Degree Programme 2003/ 2004. Letters of admission for the Remedial and Degree Programmes are annexed and marked “exh. A” and “exh. B” respectively.
5. That sometime in May, 2004 we had the first Semester 2003/2004 Session examination on CHEM III and the usual practice is for each student to sign-in, before the examination, and sign-out of the hall, after the examination. These I did.
6. That when the CHEM III Examination results were posted on the board, it was shown that I scored:

20 marks for Continuous Assessment