ESIAGA V. UNIVERSITY OF CALABAR AND 2 OTHERS

ESIAGA V. UNIVERSITY OF CALABAR AND 2 OTHERS (SC 52/1999) [2004] 21 (02 APRIL 2004);

IN THE SUPREME COURT OF NIGERIA
ON FIDAY, THE 2ND DAY OF APRIL 2004
SC 52/1999
BETWEEN
ESIAGA ............................................................. APPELLANT
AND
UNIVERSITY OF CALABAR AND 2 OTHERS ...................................... RESPONDENT
BEFORE: Salihu Modibbo Alfa Belgore; Umaru Atu Kalgo; Dahiru Musdapher; Dennis Onyejife Edozie; Ignatius Chukwudi Pats-Acholonu, JJSC

ISSUES

Whether the provisions of Sections 33(1), (2) and (4) of the 1979 Constitution and the ratio in the case of Garba v University of Maiduguri (1986) 1 NWLR (Part 18) 550 applied to a situation in which a student was suspended for conduct which was potentially criminal, before he had been heard?

FACTS

The appellant was a final year University student who was suspended indefinitely after certain incriminating materials were found in his wardrobe in a room that he shared with other students.

The authorities felt strongly that the items constituted ex facie evidence of membership of a cult, which had been banned. The items were sent to the Commissioner of Police to take appropriate steps.

The University wrote a letter to the student informing him that he had been suspended pending investigation by a disciplinary committee. The letter invited him to attend the proceedings of the committee in order to make his representations.

Without waiting for the disciplinary committee to convene, the student applied to the court for an order declaring the suspension a nullity on the grounds that his fundamental rights to fair hearing enshrined in Sections 33(1), (2) and (4) of the 1979, had been violated.

The student also sought an order that his examination results be released along with those of other students when the examination is taken. The court of first instance granted his prayers.

The Court of Appeal allowed the University's appeal and the student appealed to the Supreme Court.

The appeal was dismissed.

HELD

1. On the appellant's right to be heard

"Does suspension amount to expulsion?.In Garba's case there was outright expulsion of the student before being heard. In the present case, an investigation body was to be set up to enable the appellant to put his own side of the case.The aim of suspending the student is to abort any likelihood of the threatened disturbing atmosphere snowballing into an uncontrollable situation. The university envisaged that they would set up a body exercising administrative power where the appellant would be given the opportunity to clear himself by offering his own defence. He jumped the gun by going to the court."

"The celebrated Garba v University of Maiduguri is not intended to be a court given licence . to provide students of recalcitrant and impetuous behaviour . (with) cause (for) ruination (of) the education institution."

"The representatives of the university in exercising their powers under Section 17 of the University Act were not exercising judicial function, and are not a legal authority to determine questions affecting the rights of subjects." Per Pats-Acholonu, JSC at 189.

2. On the obligation of the University Authority to release the result

Where an examination is taken and the institution suspects some unsavoury practices attendant to the behaviour by a student such result may not be released until the University Authority has satisfied itself that it is in the position to release the results of one who is considered worthy and fit in learning.

Where no examination has been taken it is idle to ask a court to grant a relief of the release of result. Per Pats-Acholonu, JSC at 189.

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