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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