The Enugu High Court has dismissed a fundamental rights enforcement suit filed by a 300-level law student of the University of Nigeria, Enugu Campus (UNEC), against the Faculty of Law Examination Malpractice Committee of the institution.
Delivering judgment in Enugu on Thursday, August 21, 2025, Justice Kenneth Ikechukwu Okpe held that the action instituted by the student, Chidi Kingsley Akabogu, lacked merit and was premature, adding that the University has the legal authority to investigate and discipline students accused of academic misconduct in accordance with its rules and regulations.
Akabogu had dragged the Chairman of the Examination Malpractice Committee, Dr. Clara Obi-Ochiabutor, and the Dean of the Faculty of Law, Prof. Festus O. Ukwueze, to court, alleging that his right to fair hearing under Section 36 of the 1999 Constitution was about to be violated.
He claimed he was not properly informed of the panel sitting scheduled for July 29, 2025, and that the unsigned invitation notice circulated via WhatsApp suggested that his chances of graduating were already in jeopardy.
Through his lawyer, Chidiebere Lucky Obodo, Esq., the applicant sought a declaration that the committee was not impartial and could not sit over allegations it levelled against him.
The student also prayed for an order disqualifying all committee members from hearing his case; an injunction restraining the panel from sitting on the matter as well as a declaration that he had been denied the constitutional right to a fair hearing.
The respondents, represented by D.A. Aneke, Esq., opposed the suit and raised a preliminary objection, arguing that the matter was incompetent, wrongly commenced by a motion on notice, and ought to have been filed at the Federal High Court since the respondents are agents of the Federal Government.
They further described the student’s case as speculative and premature since no disciplinary hearing had yet been conducted.
Delivering his ruling, Justice Okpe, dismissed the preliminary objections, holding that both the State High Court and the Federal High Court have jurisdiction over fundamental rights enforcement applications.
He also faulted the argument that a motion on notice could not initiate such a suit, stressing that courts must adopt interpretations that ensure citizens enjoy their guaranteed rights.
However, on the substantive matter, the court found no evidence that the faculty’s committee had denied the student, Akabogu, fair hearing.
The judge observed that Exhibit A, the unsigned WhatsApp-circulated notice relied upon by the applicant, was not addressed to him personally but was a general notice listing 11 students invited before the committee.
Justice Okpe ruled that Akabogu’s claim of bias was speculative, as the disciplinary process had not even commenced.
He further noted that universities retain the statutory authority to discipline erring students while respecting constitutional safeguards of fair hearing.
Quoting precedents, including Garba v. University of Maiduguri and Esiaga v. University of Calabar, the judge emphasized that while exam malpractice allegations may also involve criminal dimensions, universities have the right to investigate and sanction misconduct within their campuses.
The court described the student’s July 23 letter to the faculty dean seeking clarification as “audacious” and “full of commands,” adding that the applicant appeared intent on frustrating the disciplinary process rather than subjecting himself to it.
“This suit is premature. If the applicant’s intention is to frustrate the investigation of his alleged infraction, then he has failed as this court is unable to find any merit in his suit.
“Accordingly, the reliefs in this application are hereby refused and the suit dismissed with cost of ₦300,000 against the applicant in favour of the respondents,” the judge declared.
