Court Reserves Judgment In Students’ Suit Against Open University

Justice Ridwan Aikawa of the Federal High Court, Ikoyi, Lagos
has fixed April 19, 2018 for judgment on a fundamental human rights
suit filed against the National Open University of Nigeria (NOUN)
and its registrar by two students of the institution.

The two students had filed the suit against NOUN in December
2015 for allegedly breaching their right to association following
their expulsion from the University for spearheading formation of a
Students’ Union Government known as Congress of NOUN Students
(CONS).

While harping on the need for speedy dispensation of the suit,
counsel to the students, Mr. Gabriel Orban, argued on Tuesday that:
“The conduct of the respondents before the filing of this suit and
their counter affidavits in support of their defence proves well
that the applicants’ fundamental rights have been violated and it
is likely that it will continue to be violated by the respondents
except this court’s intervention and since the court is the last
hope of a common man who also constitute the Applicants in this
suit.

“We look up to the court to set straight these anomalies enjoyed
by the respondents at the detriment of the students and their
welfare. We argue with emphasis that the University lacks the
competence to deny students the right to association and the
press”.

Responding to the applicants’ position, counsels for NOUN, Mr.
Abiodun Olatunji and Mr. Nas Ogunsakin argued that the students
were not expelled on the basis of association, but for resorting to
the press to express their grievances.

Having heard the argument of both parties, Justice Aikawa
adjourned to April 19, 2018 for judgement.

The suit was first filed before Justice Mojisola Olatoregun and
the judgement slated for April 2016. But the judge granted the
University’s application to arrest the reserved judgement and she
subsequently stepped down from the suit in strange
circumstances.

The students are demanding for “ a declaration that the 1st
Respondent’s strong prohibition/non approval of students
association/students union government formed to protect students’
lawful interests some of which are listed in their ten points
demand from the university is unlawful, illegal and contrary to the
right to Freedom of Association provided and guaranteed under
Section 40 of the Constitution of the Federal Republic of Nigeria
1999 (as amended).

“that the 1st Respondent’s acts and continuous efforts to
prevent its students from holding their lawful meetings to exchange
ideas and enhance their interests and welfare is illegal and
contrary to right to Freedom of Association guaranteed by the
Constitution of the Federal Republic of Nigeria 1999 (as
amended).

“that the Respondents’ victimisation of two of its students
spearheading the cause of Students Union Government to protect
their affected interests by issuing them letters of expulsion dated
11/11/2015, to ward off in totality the association is illegal and
contrary to right to Freedom of Association guaranteed by the
Constitution of the Federal Republic of Nigeria 1999 (As
Amended).

“ an order of perpetual injunction restraining the Respondents
whether by themselves or by their officers, agents, servants,
assigns, privies or any other person(s), however called, from
further prosecution, conviction and expulsion of any of its
students on the basis of their insistence on the exercise of their
Fundamental Rights as enshrined under the Constitution of the
Federal Republic of Nigeria 1999 (as amended).

Justice Ridwan Aikawa of the Federal High Court, Ikoyi, Lagos
has fixed April 19, 2018 for judgment on a fundamental human rights
suit filed against the National Open University of Nigeria (NOUN)
and its registrar by two students of the institution.

The two students had filed the suit against NOUN in December
2015 for allegedly breaching their right to association following
their expulsion from the University for spearheading formation of a
Students’ Union Government known as Congress of NOUN Students
(CONS).

While harping on the need for speedy dispensation of the suit,
counsel to the students, Mr. Gabriel Orban, argued on Tuesday that:
“The conduct of the respondents before the filing of this suit and
their counter affidavits in support of their defence proves well
that the applicants’ fundamental rights have been violated and it
is likely that it will continue to be violated by the respondents
except this court’s intervention and since the court is the last
hope of a common man who also constitute the Applicants in this
suit.

“We look up to the court to set straight these anomalies enjoyed
by the respondents at the detriment of the students and their
welfare. We argue with emphasis that the University lacks the
competence to deny students the right to association and the
press”.

Responding to the applicants’ position, counsels for NOUN, Mr.
Abiodun Olatunji and Mr. Nas Ogunsakin argued that the students
were not expelled on the basis of association, but for resorting to
the press to express their grievances.

Having heard the argument of both parties, Justice Aikawa
adjourned to April 19, 2018 for judgement.

The suit was first filed before Justice Mojisola Olatoregun and
the judgement slated for April 2016. But the judge granted the
University’s application to arrest the reserved judgement and she
subsequently stepped down from the suit in strange
circumstances.

The students are demanding for “ a declaration that the 1st
Respondent’s strong prohibition/non approval of students
association/students union government formed to protect students’
lawful interests some of which are listed in their ten points
demand from the university is unlawful, illegal and contrary to the
right to Freedom of Association provided and guaranteed under
Section 40 of the Constitution of the Federal Republic of Nigeria
1999 (as amended).

“that the 1st Respondent’s acts and continuous efforts to
prevent its students from holding their lawful meetings to exchange
ideas and enhance their interests and welfare is illegal and
contrary to right to Freedom of Association guaranteed by the
Constitution of the Federal Republic of Nigeria 1999 (as
amended).

“that the Respondents’ victimisation of two of its students
spearheading the cause of Students Union Government to protect
their affected interests by issuing them letters of expulsion dated
11/11/2015, to ward off in totality the association is illegal and
contrary to right to Freedom of Association guaranteed by the
Constitution of the Federal Republic of Nigeria 1999 (As
Amended).

“ an order of perpetual injunction restraining the Respondents
whether by themselves or by their officers, agents, servants,
assigns, privies or any other person(s), however called, from
further prosecution, conviction and expulsion of any of its
students on the basis of their insistence on the exercise of their
Fundamental Rights as enshrined under the Constitution of the
Federal Republic of Nigeria 1999 (as amended).