Court Sets Aside The Expulsion Of Bamidele Sunday James By Uniilorin, Says Plaintiff’s Right To Fair Hearing Was Breached

It was jubilation galore in the premises of the Federal High
Court, Ilorin Judicial Division, on 2nd November, 2018, when the
Presiding Judge of the Court, HON. JUSTICE N. I. AFOLABI, set aside
the expulsion of Mr. Bamidele Sunday James by the University of
Ilorin.

For Mr. Bamidele Sunday James, this was a long road to justice
but one that was worth waiting for. In 2016, Mr. Bamidele Sunday
James was expelled by the University of Ilorin on the basis of an
allegation that he wrongfully and deliberately organized and
arranged with other persons to slot in his name into the admission
list of 2015/2016 academic session without the knowledge of the
University.

Feeling aggrieved with his expulsion, Mr. Bamidele Sunday James
through his counsel, A. O. Isau Esq., approached the Federal High
Court, Ilorin Judicial Division, to seek legal redress. One of the
issue submitted by the Plaintiff’s Counsel, A. O. Isau Esq. ACTI,
for determination, was ‘Whether the proceeding of the Students
Disciplinary Committee of the University of Ilorin which led to the
Expulsion of the Plaintiff was conducted in line with the principle
of natural justice of fair hearing’.

Counsel submitted that the Students Disciplinary Committee of
the University of Ilorin breached the principle of fair hearing
when it failed to give the Plaintiff adequate time and facilities
to respond to the allegation against him, and that, the Students
Disciplinary Committee of the University of Ilorin denied the
Plaintiff the opportunity to respond in writing to the allegation
as required by the rules of the University.

HON. JUSTICE N. I. AFOLABI, in his landmark judgment agreed with
the submission of the Plaintiff’s Counsel and set aside the
proceedings of the Students Disciplinary Committee of the
University of Ilorin that led to the expulsion of the Plaintiff and
nullified the expulsion of the Plaintiff from the University.

In his remark after the judgment, A. O. Isau Esq. ACTI, the
Plaintiff’s counsel, commended the judgement of the Federal High
Court and said that the Court has just re-affirmed the notion that
the judiciary is the last hope of common man and the voice of the
voiceless. Counsel also advised that Institutions should always
ensure that they adhere to the principle of fair hearing as
entrenched in the Constitution.

Mr. Bamidele Sunday James also thanked the Court for ensuring
that justice was done in his case. He expressed his desire to
resume as a student of the University of Ilorin as his purported
expulsion has been set aside by the court.