Justice Mobolaji Ojo of Ogun State High Court sitting in
Otta has fixed March 27, 2013 for Judgement in the suit filed by Vwamhi Longji
Felix, challenging his illegal expulsion by the Covenant University, for
allegedly watching pornography and secular music on his laptop.
Otta has fixed March 27, 2013 for Judgement in the suit filed by Vwamhi Longji
Felix, challenging his illegal expulsion by the Covenant University, for
allegedly watching pornography and secular music on his laptop.
At the resumed hearing of the matter yesterday, the
prosecuting counsel Segun Fatoki, told the court that Felix was allegedly
expelled without an opportunity of a proper hearing or viewing the evidence in
accordance with standard practice as guaranteed by the constitution of
the Federal Republic of Nigeria 1999, as amended.
prosecuting counsel Segun Fatoki, told the court that Felix was allegedly
expelled without an opportunity of a proper hearing or viewing the evidence in
accordance with standard practice as guaranteed by the constitution of
the Federal Republic of Nigeria 1999, as amended.
In his originating summon brought in pursuant to order 3
rules 5,6 and 8 of the Ogun State High Court civil procedure rules 2008,he
asked the court to declare that invasion of the claimant room by the set of
people claimed to be acting on behalf of the Dean, Student Affairs was a
violation of Section 44 of Chapter 4 of the student Handbook of the Covenant
University, the Constitution of the Federal Republic of Nigeria 1999 as
amended, the African Charter on Human and Peoples Rights as ratified.
rules 5,6 and 8 of the Ogun State High Court civil procedure rules 2008,he
asked the court to declare that invasion of the claimant room by the set of
people claimed to be acting on behalf of the Dean, Student Affairs was a
violation of Section 44 of Chapter 4 of the student Handbook of the Covenant
University, the Constitution of the Federal Republic of Nigeria 1999 as
amended, the African Charter on Human and Peoples Rights as ratified.
According to him, section 35 and 36 of the constitution of
the Federal Republic of Nigeria 1999 as amended, the court or administrative
panel or tribunal, public or private, the rights and obligations of a Nigerian
Citizen ought to derogate from the Nigerian constitution.
the Federal Republic of Nigeria 1999 as amended, the court or administrative
panel or tribunal, public or private, the rights and obligations of a Nigerian
Citizen ought to derogate from the Nigerian constitution.
He said in determining the fate of a student of the
university by either the Dean Student affairs or the student’s disciplinary
committee, the provision, as expressed or implied by the students handbook
2010/2014 ought not be strictly followed.
university by either the Dean Student affairs or the student’s disciplinary
committee, the provision, as expressed or implied by the students handbook
2010/2014 ought not be strictly followed.
Felix, in his 24 paragraphs affidavit to support his claim,
stated that before he was expelled his parents had spent not less than N10
million on his school fees and other expenses.
stated that before he was expelled his parents had spent not less than N10
million on his school fees and other expenses.
The school in its counter affidavit stated that in the
school hand book it was stated that students are not allowed to be in
possession of unholy films and home video or secular music tapes, either stored
or directly in the computer or listen through the use of computer radio or any
other electronic device when on campus during an academic session.
school hand book it was stated that students are not allowed to be in
possession of unholy films and home video or secular music tapes, either stored
or directly in the computer or listen through the use of computer radio or any
other electronic device when on campus during an academic session.
Also, the school claimed that it is an offence that will
attract punishment of expulsion for any student who indulges himself or herself
in public display of or be in possession of pornographic films or photographs,
exploring or viewing pornographic websites on the internet.
attract punishment of expulsion for any student who indulges himself or herself
in public display of or be in possession of pornographic films or photographs,
exploring or viewing pornographic websites on the internet.
The other respondents in the suit are the Vice Chancellor
Covenant University, The Chancellor and Chairman, Executive Council, Covenant
University.
Covenant University, The Chancellor and Chairman, Executive Council, Covenant
University.
Justice Ojo after listening to the parties, said they should
allow every individual to grow the life that they need to live, if at age 15 to
17, if they don’t live that life, they would live it when they are 30 to 35
because of too much rules.
allow every individual to grow the life that they need to live, if at age 15 to
17, if they don’t live that life, they would live it when they are 30 to 35
because of too much rules.
”Children as adolescents must live as adolescents and as a
youth, people must grow and we must allow them.”
youth, people must grow and we must allow them.”
However the Judge adjourned Judgment till March 27, 2013.
Source: Vanguard
