In an affidavit sworn to by Momoh and filed before the court by a Lagos lawyer, Barrister Adejumo Omobolaji, the deponent alleged that he was summarily expelled from the University without justification.
Momoh averred further that in a Letter of Expulsion dated 29th January, 2013 addressed to him and given to his father, the reason for his expulsion was, addiction to Morphine and Cannabis, but he averred that he has never taken psychotropic substance in his life and as such he could not be a drug addict.
The applicant stated further that the school conducted urine test on him and other students sometime in November 2012.
The results of the tests were not shown to them and the school's Health Centre is not an accredited forensic laboratory, in addition, the health centre is not manned by qualified narcotics investigators.
Consequently, it was the security men ans some staff of the health centre that conducted the test.
In view of this development, the applicant contended that the quality assurance of the processes, tools and techniques used in reaching the conclusion cannot be reliable.
Its was further contended that the specimens were neither properly collected nor properly labelled.
The Disciplinary Panel that heard the case were alleged to have sat in secrecy, the membership and details of deliberations were not made known while the students, including the applicants were not asked to make any representation to the disciplinary panel, neither were they allowed to confront the boy that was said to give evidence which implicated the applicant.
Therefore the applicant established that the trial negates the rules of fair hearing enshrined in the 1999 Constitution of the Federal Republic of Nigeria.
In view of this, Momoh, while asking for the sum of N10 million as compensation and aggravated damages against the Institution, is also urging the court to declare the expulsion letter sent to him as inoperative, void and of no effect.
Joined as co-respondents in this suit are: the Vice-Chancellor of the University, the Registrar, and the Dean, Students' Affairs.
*I have to comment on this, I feel this case is valid but I pray the court can establish the facts. In as much as I don't condone indiscipline by students, I won't stand for intimidation either. Due process has to be followed at all times by these so called private christian Universities.*
0 comments: