Davidson Iriekpen
An Abia State High Court sitting Isuikwuato has the ordered the Abia State University, Uturu to restore the degree result and certificate†of former state Governor, Chief Orji Uzor Kalu.
Delivering judgment in a suit filed by the former governor to challenge the allegations of fraud and breach of admission regulations concerning his graduation and subsequent withdrawal of his degree by the university, Justice Agwu Umah Kalu said university did not give the former governor the opportunity to defend himself of the allegations levelled against him.
The judge held that it was a breach of Kalu’s fundamental right to fair hearing guaranteed under the 1999 Constitution (as amended).
He therefore quashed the proceedings, decisions, findings and or report of the Abia State University Ad-hoc Senate Investigation Panel on Allegations of Fraud and Breach of Regulations concerning the admission and graduation of the former governor.
The former governor had dragged the university and its Senate before the court on May 25, 2013 to challenge the cancellation and withdrawal of his degree without giving him an opportunity to defend himself on some of the allegations levelled against him.
Kalu through his counsel, C. A. Obianwu, had prayed the court for a declaration that the report of the Ad-hoc Senate Investigation Panel on Allegations of Fraud and Breach of Regulations concerning his admission and graduation and the decision of the senate of the university of March 1, 2013, which cancelled and withdrew his degree result without affording him an opportunity to defend himself amounted to a breach of his right to fair hearing guaranteed under the 1999 Constitution (as amended).
He also prayed for an order of court quashing the proceedings, decisions, findings and o report of the senate’s ad-hoc investigation panel
In his judgment, Justice Kalu granted all the prayers of the claimant and ordered institution “to immediately restore the degree result and certificate†of the former governor.
The court noted that the actions of the first and second defendants in not giving Kalu the opportunity to defend himself amounted to a breach of his right to a fair hearing guaranteed under the 1999 Constitution (as amended).
The court consequently ordered university and its senate to pay the former governor the sum of N100,000 as cost for the suit.
Justice Kalu said in the judgment, “The court holds that the suit of the claimant is meritorious and grants all the relief sought by the claimant. The court proceeds to declare that the report of the Ad-hoc Senate Investigation Panel on allegations of Fraud and Breach of Regulations concerning the admission and graduation of the claimant (Kalu, Orji U. 00/42226-GDP) and the decision of the Senate of the Abia State University of March 1, 2013, which cancelled and withdrew the degree result of the claimant (Kalu Orji U. 00/42226-GDP) without affording the claimant an opportunity to defend the grave allegations against him amounted to a breach of the claimant’s right to a fair hearing guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“Now, in consequence of the above declaration, the court issues an order removing into this court for the purpose of its being quashed, the proceedings, decisions, findings and or report of the Abia State University Ad-hoc Senate Investigation Panel on Allegations of Fraud and Breach of Regulations concerning the admission and graduation of the claimant, (Kalu, Orji U. 00/42226-GPD) for breach of the claimant’s right to fair hearing guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“The court further issues an order removing into this court, for the purpose of its being quashed, the decision of the 2nd defendant made on March 1, 2013, which was based on the Report of the Abia State University Senate’s Adhoc Investigation Panel on Allegations of Fraud and Breach of Regulations concerning the admission and graduation of the claimant, (Kalu Orji, U. 00/42226-GPD) for breach of the claimant’s right to fair hearing guaranteed under the Constitution of the Federal Republic of Nigeria, 1999, (as amended).
“Finally, an order issues from this court mandating and/or directing the 2nd defendant to immediately restore the degree result and certificate of the claimant Kalu Orji, U. 00/42226/-GPD. Costs naturally follow events. The defendants are pay costs of this suit assessed and fixed at N100,000 to the claimant.â€
