LAGOS—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 circular music in 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 the standard practice as guaranteed by the constitution
of the Federal Republic of Nigeria 1999, as amended, for the
determination of the following questions.
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.
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.
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.
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.
The school in its counter affidavit stated that in the school hand
book it was stated there that students are not allowed to be in
possession of unholy films and home video or circular 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.
The other respondents in the suit are the Vice Chancellor 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 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.”
However the Judge adjourned Judgment till March 27, 2013.
Culled: Vanguard
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