A High Court in Enugu State has dismissed a fundamental rights suit filed by Chidi Kingsley Akabogu, a third-year law student at the University of Nigeria, Enugu Campus (UNEC), against the Faculty of Law Examination Malpractice Committee.

 

Delivering judgment on Thursday, Justice Kenneth Okpe, sitting as the Vacation Judge, ruled that the case was premature, as the student had not yet appeared before the committee for a hearing. The court also ordered Akabogu to pay N300,000 in legal costs to the Faculty of Law.

 

Akabogu had approached the court, alleging that the committee had prejudged him guilty of examination malpractice before giving him an opportunity to defend himself. He argued that he only became aware of the committee’s July 29 sitting through a WhatsApp message forwarded by a fellow student, which listed his name among 11 students invited and warned: “Failure to attend is further delaying your chances of graduating from the University.”

 

The student claimed the unsigned notice violated his constitutional right to fair hearing under Section 36 of the 1999 Constitution.

 

However, counsel to the respondents, led by Dr. Clara Obi-Ochiabutor (Committee Chair) and Prof. Festus O. Ukwueze (Dean, Faculty of Law), countered that the case was baseless and filed prematurely.

 

In his ruling, Justice Okpe noted that the WhatsApp notice applied to all 11 students, not exclusively to the applicant. He held that the phrase cited could not reasonably be interpreted as a conclusive declaration of guilt against Akabogu.

 

“From whatever prism one may view it, the Applicant’s fate has not been sealed,” Justice Okpe stated. “Assuming without conceding that Exhibit A was issued or published by the Respondents, it has not in any way denied the Applicant’s right to a fair hearing.”

 

 

 

The court further emphasised the university’s authority to discipline students within its premises, clarifying that such disciplinary processes do not amount to a breach of fundamental rights when conducted within due process.

 

Consequently, all reliefs sought by Akabogu were refused, and the suit was dismissed with costs.

 

Akabogu was represented in court by Chidiebere Lucky Obodo, while the respondents were represented by D. A. Aneke.