Court declares Varsity final-year student’s rustication illegal

A Bayelsa State High Court sitting in Yenagoa has declared the
rustication of Micah Diniprema, a 27-year-old final year student of
the Faculty of Education of the Niger Delta University, Amassoma,
illegal, null and void.

The court also ordered the authorities of the institution to
reinstate and allow him to graduate.

Diniprema was rusticated from the university for one semester
with effect from second semester of the 2013/2014 academic session
“for alleged misconduct,” because according to the varsity
authorities, he did not utilize available internal means to resolve
the issue before going to court.

Diniprema had dragged the Chairman and the Secretary of the
Students Union Electoral Commission, Dr. Mrs. Comfort Zuofa and Mr.
Barry Tamunoibi, respectively, to court to challenge his
disqualification and wrongful exclusion from the lists of
candidates to contest for the position of students’ union president
of the institution in 2013.

However, he was ordered by the university authorities to
withdraw the matter from court only for him to be rusticated for
one semester with effect from second semester of the 2013/2014
session.

In a letter dated June 2, 2014, the institution’s authorities
rusticated him for “alleged offence of misconduct,” and “for not
utilising available internal means to resolve a university matter
before going to court.”

In her judgement, the presiding judge, Justice M. A. Ayemieye,
ordered the university authorities or their agents to restrain
themselves from unlawfully frustrating the student from graduating
from the NDU.

She declared, “I hereby make the following order, a declaration
that the letter dated June 2, 2014 which rusticated the claimant
for one semester with effect from second semester of 2013/2014
academic session is therefore null and void and is hereby set
aside.

“The decision of the Disciplinary Committee of the University
which rusticated the student is null and void on the grounds that
the he was not given a fair hearing before sentence was passed on
him.

”The act of filing a suit before the Bayelsa State High Court of
Justice to challenge his disqualification from students union
election does not constitute a punishable misconduct under any
law.

“Misconduct was specifically spelt out thus: forgery,
alterations, issues of mutilation of documents, record, identity
cards and impersonation, furnishing false information, willful
damage or destruction of properties belonging to the university,
aiding or inciting others to commit any of the above acts. So, the
offence of which the claimant was punished with rustication is not
contained in the University Student Handbook and any other law and
I so hold.

“The defendants are hereby restrained by themselves, their
agents and all persons acting on their behalf from unlawfully
frustrating the claimant from graduating from the Niger Delta
University.”

The judge, however, failed to award damages.

In his reaction, Diniprema, described the court ruling as a
relief.

He said, “Just as the legal dictum said, where there is a wrong,
there is a remedy, the university wronged me and today the court
has remedied that wrong.

”I know this a judgement that is loved by many, irritated by
some and must be respected by all, irrespective of the fact that no
damages were awarded but I am still grateful to God.”

Counsel for the NDU, Mr. Oseibide Akpagra, said the court is
always right and in this case too, the court is right.

He said, ”We have no other option but to abide by the ruling of
the court, but on the other hand, as for my client, I will present
the judgement as it is before them and if they deem it necessary to
appeal, it is their own decision to make, but I think it will be
proper for them to abide by the judgement of the court.”

Also reacting, counsel for the claimant, Mr. Rowland Emem, said,
“My take on this judgement is exactly what came out except that I
was disappointed on the issue of damages but the court actually
gave us what we wanted.

”It would have been a sad day for any court to decide that going
to court sanctioned by the constitution is a misconduct for which
the student is punished by rustication. The court has vindicated
our position that what the claimant did was not wrong.”

A Bayelsa State High Court sitting in Yenagoa has declared the
rustication of Micah Diniprema, a 27-year-old final year student of
the Faculty of Education of the Niger Delta University, Amassoma,
illegal, null and void.

The court also ordered the authorities of the institution to
reinstate and allow him to graduate.

Diniprema was rusticated from the university for one semester
with effect from second semester of the 2013/2014 academic session
“for alleged misconduct,” because according to the varsity
authorities, he did not utilize available internal means to resolve
the issue before going to court.

Diniprema had dragged the Chairman and the Secretary of the
Students Union Electoral Commission, Dr. Mrs. Comfort Zuofa and Mr.
Barry Tamunoibi, respectively, to court to challenge his
disqualification and wrongful exclusion from the lists of
candidates to contest for the position of students’ union president
of the institution in 2013.

However, he was ordered by the university authorities to
withdraw the matter from court only for him to be rusticated for
one semester with effect from second semester of the 2013/2014
session.

In a letter dated June 2, 2014, the institution’s authorities
rusticated him for “alleged offence of misconduct,” and “for not
utilising available internal means to resolve a university matter
before going to court.”

In her judgement, the presiding judge, Justice M. A. Ayemieye,
ordered the university authorities or their agents to restrain
themselves from unlawfully frustrating the student from graduating
from the NDU.

She declared, “I hereby make the following order, a declaration
that the letter dated June 2, 2014 which rusticated the claimant
for one semester with effect from second semester of 2013/2014
academic session is therefore null and void and is hereby set
aside.

“The decision of the Disciplinary Committee of the University
which rusticated the student is null and void on the grounds that
the he was not given a fair hearing before sentence was passed on
him.

”The act of filing a suit before the Bayelsa State High Court of
Justice to challenge his disqualification from students union
election does not constitute a punishable misconduct under any
law.

“Misconduct was specifically spelt out thus: forgery,
alterations, issues of mutilation of documents, record, identity
cards and impersonation, furnishing false information, willful
damage or destruction of properties belonging to the university,
aiding or inciting others to commit any of the above acts. So, the
offence of which the claimant was punished with rustication is not
contained in the University Student Handbook and any other law and
I so hold.

“The defendants are hereby restrained by themselves, their
agents and all persons acting on their behalf from unlawfully
frustrating the claimant from graduating from the Niger Delta
University.”

The judge, however, failed to award damages.

In his reaction, Diniprema, described the court ruling as a
relief.

He said, “Just as the legal dictum said, where there is a wrong,
there is a remedy, the university wronged me and today the court
has remedied that wrong.

”I know this a judgement that is loved by many, irritated by
some and must be respected by all, irrespective of the fact that no
damages were awarded but I am still grateful to God.”

Counsel for the NDU, Mr. Oseibide Akpagra, said the court is
always right and in this case too, the court is right.

He said, ”We have no other option but to abide by the ruling of
the court, but on the other hand, as for my client, I will present
the judgement as it is before them and if they deem it necessary to
appeal, it is their own decision to make, but I think it will be
proper for them to abide by the judgement of the court.”

Also reacting, counsel for the claimant, Mr. Rowland Emem, said,
“My take on this judgement is exactly what came out except that I
was disappointed on the issue of damages but the court actually
gave us what we wanted.

”It would have been a sad day for any court to decide that going
to court sanctioned by the constitution is a misconduct for which
the student is punished by rustication. The court has vindicated
our position that what the claimant did was not wrong.”