Expulsion: Inibehe Effiong Writes Akwa Ibom University On Behalf Of Student, Demands His Reinstatement

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*Says The Student Was Expelled For Allegedly Criticizing
Governor Of Akwa Ibom State

An expelled Student of Akwa Ibom University, Mr. Ekpo Iniobong
Isang, has written the university seeking reinstatement.

Ekpo, in a letter through his lawyer, Inibehe Effiong, said he
was never invited by the university neither was he confronted with
the post he allegedly made against Governor of the state, Udom
Gabriel Emmanuel

He said his expulsion is contrary to section 36 of the
constitution which provides for the right to a fair hearing.

Read the letter below

18th June, 2021

THE VICE CHANCELLOR
Akwa Ibom State University,
Main Campus, Ikot Akpaden,
Mkpat Enin Local Government Area,
Akwa Ibom State.

Dear Sir,

PRE-ACTION NOTICE

INDEFINITE SUSPENSION AND SUBSEQUENT EXPULSION OF EKPO,
INIOBONG ISANG FOR ALLEGED PUBLICATION OF “DEROGATORY AND
DEFAMATORY ARTICLE” ON SOCIAL MEDIA AGAINST THE GOVERNOR OF AKWA
IBOM STATE:

DEMAND FOR REINSTATEMENT, RESTORATION OF FULL
STUDENTSHIP RIGHTS AND COMPENSATION FOR BREACH OF FUNDAMENTAL
RIGHTS, LOSS OF ACADEMIC PERIOD, EMOTIONAL DISTRESS AND
PSYCHOLOGICAL TORTURE.

The above subject refers, please.

We are a firm of Legal Practitioners representing MR. EKPO,
INIOBONG ISANG, a 500 level student of the Department of
Agricultural Engineering, Faculty of Engineering, Akwa Ibom State
University, with Registration Number: AK15/ENG/AEE/013
(subsequently referred to as “Our Client”) on whose behalf and
instructions we write this letter.

It is the brief of Our Client that he received an indefinite
suspension letter with Reference Number AKSU/REG/DAA/11/VOL.8/164
dated 7th September, 2020 signed by the Registrar and Secretary to
Senate, Mr. John E. Udo.

The letter reads in part that the University Senate “deliberated
on a report from Students Disciplinary Committee on publication of
abusive post on social media against the Governor of Akwa Ibom
State”. It was also stated erroneously that Our Client was
suspended indefinitely following his “refusal to honour the
invitation of the Committee to appear before it.”

Rather than retrace from the path of oppression, victimization
and injustice, and follow the path of truth, justice and good
conscience, the University decided to double down.

On 15th June, 2021, our Client was served with an Expulsion
Letter with Reference No: AKSU/REG/DAA/11/VOL.8/010 from the
University to the effect that the Senate of the University has
expelled our Client over “a case of publication of derogatory and
defamatory article on Facebook platform about the Executive
Governor of Akwa Ibom State and Visitor to the University”; which
the University claims “constitutes a breach of the Matriculation
Oath and violation of the University rules and regulations
enshrined in the Student Information Handbook”.

MATERIAL FACTS FOR YOUR ATTENTION

From the brief of Our Client, we wish to reiterate and emphasize
the following material facts:

1. At no time did Akwa Ibom State University invite or summon
Our Client to appear before the University’s Students Disciplinary
Committee prior to his indefinite suspension. Therefore, Our Client
could not have failed or refused to attend a meeting that never
took place to his knowledge as claimed in the indefinite suspension
letter. We wonder how the said Committee could have met during the
COVID-19 lockdown when the University was not in session and when
students and staff were ordered to stay at home?

2. Our Client was not shown, confronted or availed with the
purported “abusive post” or “derogatory and defamatory article”
that he is accused of publishing on social media against the
Governor of Akwa Ibom State.

3. Our Client was not shown, confronted or availed with any
Petition or Complaint written against him to the University by the
Governor of Akwa Ibom State over any post published by him on
social media.

4. To the best of our knowledge (we stand to be corrected), the
incumbent Governor of Akwa Ibom State, Deacon Udom Gabriel
Emmanuel, has not instituted any lawsuit against Our Client in any
court of competent jurisdiction in Nigeria to seek redress for
defamation over any post or article published by Our Client on
social media.

5. It is apparent that the University acted in contravention of
Section 36 of the Constitution of the Federal Republic of Nigeria,
1999 (as amended) and Article 7 of the African Charter on Human and
Peoples’ Rights (Ratification and Enforcement) Act, Cap. A9 Laws of
the Federation of Nigeria, 2004 by denying Our Client fair
hearing.

6. Despite repeated entreaties by Our Client to be given a fair
hearing, the University failed or refused to address his grievances
and unfair treatment. Our Client was not given a reasonable and
fair opportunity to defend himself before he was expelled.

THIS SHOULD NEVER HAPPEN IN A UNIVERSITY

It is particularly distressing that Akwa Ibom State University
which is supposed to be a citadel of learning, an intellectual
sanctuary for academic research and a fortress for human capital
development as envisaged by Section 1 (3) of the Akwa Ibom State
University Law, 2009, has relegated its statutory objects and
arrogated to itself a politically actuated mandate of monitoring
favourable or critical views expressed by citizens on social media
about the Governor of Akwa Ibom State.

We will like to know whether the Matriculation Oath of the Akwa
Ibom State University require students to surrender their
fundamental right to freedom of expression as guaranteed them by
Section 39 of the Constitution of the Federal Republic of Nigeria,
1999 (as amended) upon admission into the University? Are students
not citizens with a constitutional right to express opinion on the
policies, leadership or performance of the Governor of Akwa Ibom
State?

What is the essence of the ACADEMIC FREEDOM that University
lecturers, including those of Akwa Ibom State University fought and
went on frequent strikes for if a student can be suspended
indefinitely and subsequently expelled for allegedly publishing
abusive words about a Governor?

As a public office holder paid with public funds, the Governor
is a servant of the Citizens and not their Emperor. In a democracy,
public officers are susceptible to praises and abuses. It is our
considered view that it is not the business of an academic
institution to act as an Ombudsman of opinions expressed by
citizens against public office holders.

It is our belief that when His Excellency, Obong Victor Attah,
established Akwa Ibom State University of Technology in 2003, which
was remodeled and restructured to a conventional university in 2009
by Senator Godswill Akpabio into what is now Akwa Ibom State
University, during their respective tenures, it was not their
intention that the University should serve as a partisan mouthpiece
for the Governor of the State.

It is our respectful view that a university with professors and
scholars should not condescend to the level of acting as the image
launderer or an extension of the office of the Chief Press
Secretary to the Governor of Akwa Ibom State. We are completely at
sea on the nexus between the objects of the University and opinions
of citizens about their Governor on social media.

A University should be insulated from partisan politics. A
University should not be a sycophant to any politician. A
University should promote free speech, rule of law and intellectual
engagements and should not be deployed as a partisan tool for
suppressing political dissent.

We will like to know whether studentship of Akwa Ibom State
University and the obligations thereof is superior to citizenship
of the Federal Republic of Nigeria and the correlative Fundamental
Rights as enshrined in Chapter Four of the Constitution of the
Federal Republic of Nigeria, 1999 (as amended)?

OUR SPECIFIC DEMANDS:

Consequently, we hereby demand as follows:

1. Immediate and Unconditional Reinstatement of Our Client –
EKPO, INIOBONG ISANG, with Registration Number: AK15/ENG/AEE/013
for him to continue with his studies and academic programme as a
student of Akwa Ibom State University without encumbrances.

2. Restoration of all studentship rights accruable to students
of Akwa Ibom State University to Our Client, including access into
the campus, attendance of lectures and participation in all
academic and University activities that every registered student is
entitled to.

3. A special opportunity and waiver for Our Client to write all
the tests and examinations which he registered and paid fees for
but was prevented from taking part on account of his wrongful
indefinite suspension and unconstitutional expulsion.

4. Payment of the sum of N20,000,000.00 (Twenty Million Naira)
to Our Client representing General Damages for the gross breach of
Our Client’s fundamental rights and the resultant trauma and
depression he has suffered.

CONCLUSION

We are aware that certain officials of the University have
threatened Our Client that should he decide to commence legal
action to seek redress, the University will ensure that the case
linger for years and that our Client will suffer greatly.

We concede that the Nigerian Judiciary is not a perfect
institution. However, it remains the hope of the common man, solace
of the oppressed and nemesis of oppressors. The Constitution of the
Federal Republic of Nigeria, 1999 (as amended) will vindicate Our
Client.

PLEASE TAKE NOTICE that we have the firm instruction of Our
Client to commence legal proceedings against the University if the
above demands are not met within 7 days of your receipt of this
letter.

Sir, kindly accept the assurances of our utmost regards.

Yours faithfully,
FOR: INIBEHE EFFIONG CHAMBERS

INIBEHE EFFIONG, ESQ.
(Principal Counsel).

Cc:

1. The Registrar & Secretary to Senate, Akwa Ibom State
University.

2. The Dean of Student Affairs,
Akwa Ibom State University.

3. The Chief Security Officer,
Akwa Ibom State University.

4. The Chairman,
Academic Staff Union of Universities (ASUU), Akwa Ibom State
University.

5. The State Coordinator,
National Human Rights Commission (NHRC), Akwa Ibom State.

6. The Chairman,
House Committee on Judiciary, Justice, Human Rights and Public
Petitions, Akwa Ibom State House of Assembly.

7. United Nations Special Rapporteur on the Right to
Education.

8. Amnesty International Nigeria.

9. Civil Society Consortium on Civic Space.