One Chidi Kingsley Akabogu, a third-year law student at the University of Nigeria, Enugu Campus, has lost his fundamental rights suit filed before a High Court in Enugu State.
The plaintiff was also ordered to pay N300,000 in legal costs to the Faculty of Law, University of Nigeria.
The judgement, delivered on Thursday, 21 August 2025, by the Vacation Judge, Justice Kenneth Okpe, arose from a motion filed by Akabogu challenging the Faculty of Law Examination Malpractice Committee.
The student claimed that the committee had already prejudged him guilty of examination malpractice before he had an opportunity to appear before it.
In his motion, Akabogu argued that he only learned of the committee’s July 29 sitting through a WhatsApp message forwarded by a fellow student.
The message listed his name among eleven students invited to appear and contained the warning: “Failure to attend is further delaying your chances of graduating from the University.”
Akabogu contended that the unsigned notice violated his constitutional right to a fair hearing under Section 36 of the 1999 Constitution.
“The Applicant clearly and in all its ramifications has already been adjudged ‘guilty’ of engaging in examination malpractice before he even had a chance of appearing before the Respondents,” the motion read.
He argued that the committee had deliberately made it difficult for him to attend and had not provided details of the allegations against him.
The respondents, led by Dr Clara Obi-Ochiabutor, Chairman of the committee, and Prof Festus O. Ukwueze, Dean of the Faculty of Law, denied the claims, describing the suit as premature.
Justice Okpe agreed with the respondents, noting that no hearing had yet taken place. “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 judge said.
The court also scrutinised the WhatsApp notice, observing that it applied to eleven students and that the phrase “failure to attend is further delaying your chances of graduating” could not reasonably be taken as referring exclusively to Akabogu.
“From whatever prism one may view it, the Applicant’s fate has not been sealed,” Justice Okpe held, adding that the suit was effectively premature because the applicant had not yet appeared before the relevant administrative body.
Referring to legal precedent, the judge emphasised the university’s authority to discipline students.
The judge cited ESIAGA V. UNIVERSITY OF CALABAR & ORS (supra); (2004) LPELR-1169, (Pp. 22-23, paras. F-A), the Supreme Court Per SALIHU MODIBBO ALFA BELGORE, JSC, where he said captured it beautifully when it held thus:
"It must be clearly emphasised that the University has authority within its premises to discipline any erring or misbehaving student. The principle of fair hearing as envisaged in the Constitution must, however, be the guiding principle in applying any sanction against a misbehaving student. If the act of the student amounts to a crime, the normal report should be lodged with the police but this will not preclude the University from exercising its power under its statute to punish misconduct by any student. The case of Garba v. University of Maiduguri (1986) 1 NWLR (Pt.18) 550 has not precluded the University from taking action against a misconducting student within its campus."
Consequently, all reliefs sought by Akabogu were refused.
Justice Okpe concluded: “Accordingly, the reliefs in this application are hereby refused and the suit dismissed with cost of N300,000 (Three Hundred Thousand Naira) against the Applicant in favour of the Respondents.”
Akabogu was represented by Chidiebere Lucky Obodo, while the respondents were represented by D. A. Aneke.
