Mr Yesufu Amuda Garba & Ors V. The University Of Maiduguri (1986)

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OBASEKI, J.S.C

The appellants were students in various disciplines in the University of Maiduguri, the respondent, before their expulsion from the said institution with effect from the 30th day of March, 1983. Their expulsion was sequel to the riotous behaviour of about 500 students in the University on the 2nd day of February, 1983 at about 9.00 p.m. followed by demonstration rampage, wanton destruction of properties in the University and assaults on persons.

Their expulsion was not till after the Senate had considered the reports of the Disciplinary Board and Panels set up on the 9th day of February 1983 by the Vice-Chancellor to investigate the said students’ rampage of the 2nd February 1983. The Senate noted that out of a total of four thousand students, only about five hundred students went to the residential area and only less than one hundred students took part in the destruction, arson and the looting. Senate also observed that from the pattern of arson and destruction, the intention of the perpetrators of the ghastly incident was far more sinister than the atrocities they were able to actually commit. It concluded that it was a carefully planned but hurriedly executed insurrection.

Following their expulsion, the appellants initiated in the High Court of Justice of Borno State of Nigeria, Maiduguri Judicial Division at Maduguri, the proceedings which led to the appeal by the respondent to the Court of Appeal and a further appeal by the appellants against the decision of the Court of Appeal to this Court. The proceedings initiated were for the enforcement of their fundamental rights and the procedure adopted was that laid down under and by the Fundamental Rights (Enforcement Procedure) Rules, 1979.

Following the grant of leave to apply for an order for enforcing and securing the enforcement of their fundamental rights, each of the appellants filed his statement setting out the reliefs sought as:

“(1) A declaration that the applicants’ expulsion with effect from 30th march, 1983 from the University of Maiduguri constitutes a violation of his fundamental right to fair hearing;

(2) A declaration that the applicants be re-admitted into the University of Maiduguri to continue with their studies with immediate effect.

(3) A declaration that the respondent acted with bias in purporting to expel the applicants.

(4) A declaration that the applicants cannot be deprived of their fundamental rights.”

The main ground on which the application was founded was that:

“the applicants were not given a fair hearing, before the respondent expelled the applicants from the University of Maiduguri with effect from 30th March, 1983.”

Each of the applications was also supported by affidavit evidence. The respondent filed a counter-affidavit in reply.

There was no oral testimony taken by the learned trial judge and after hearing the submissions of counsel on both sides, the learned trial judge, Adagun, J. delivered his considered ruling granting all the reliefs. This is brought out vividly in the concluding paragraph of the Ruling of Adagun, J. which reads:

“In the totality of affidavit evidence adduced in this matter, I am convinced that the fundamental rights of the applicants entrenched under section 33(11) of the Constitution of the Federal Republic of Nigeria 1979 have been contravened by (sic) not affording them their right to cross-examine the witnesses who gave evidence against them before the investigation panel.