A Federal High Court sitting in Bauchi has ordered the immediate reinstatement of an expelled student of Abubakar Tafawa Balewa University, ATBU, Bauchi, who, in 2013, was dismissed on allegation that he entered the examination hall with foreign materials.

In fundamental rights enforcement suit, Mr. Victor Oboh Alom, a 300 Level student of Electrical and Electronics Engineering of ATBU, had approached the court challenging the university’s decision to expel him.

The student said after investigation by the Examination Misconduct Committee of the School of Engineering, he was not found guilty of examination malpractice.

 He said he was later invited by the University’s Senate Examination Misconduct Committee, which after investigating the case, also did not find him guilty of examination malpractice and recommended a warning letter to the student for disturbance in the examination hall.

The student said after the warning letter, he sought transfer to University of Agriculture, Makurdi, but was issued expulsion letter.

 Judgment Delivering the judgment, Justice Shitu Abubakar declared that although counsel for the defendant argued and submitted Section D of the University Examination Misconduct Regulation and Student Handbook, which recommends expulsion for possession of foreign materials in examination hall, he did not care to tender them for evidence for the court to study them and reach an opinion.

Justice Abubakar stated that the documents, if they existed, ought to be produced before the court.

 He held: “In the circumstance, therefore, I do not agree with the defendant’s submission that these purported documents have given power to the Senate of the defendant to expel the plaintiff or any student for that matter for mere possession of foreign material without establishing malpractice or cheating in an examination as is the case in this case.”

The judge said he had studied the Act establishing ATBU, “particularly Cap. AL LFN, 2004, particularly SS 8 and 20, which deal with the function of the Senate and that of the Vice Chancellor in relation to discipline of student, but was unable to see where the Senate is empowered to expel a student without establishing examination malpractice or cheating against him during examination.

N1m as damages

 The judge, therefore, declared the expulsion of the student null and void and without effect and ordered the university to immediately reinstate the student with full rights and privileges as student of Abubakar Tafawa Balewa University.

Justice Abubakar then ordered that N1 million be paid to the student by the university as general damages.

Acknowledging the judgment, counsel to the plaintiff, Barrister Chinenye Nwogu, hailed the verdict as a vindication of his client’s innocence, stressing that, indeed, the court is the last hope of the common man.