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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 Indecency 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 devicewhen 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, exploringor 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.
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