The law suit filed by 20-year-old Longji Felix Vwamhi, a 400 level
student of Information and Communication Technology Department of
Covenant University against the institution, has been struck out by
Justice Mobolaji Ojo of an Ogun High Court sitting in Ota, Ogun state on
Vwamhi had challenged the institution over his expulsion for being in possession of pornógraphic materials in his laptop.
The case was dismissed for lack of merit.
It would be recalled that Vwamhi was on November 27, 2012 expelled from
the institution following the outcome of the Disciplinary Committee set
up by the university which found him guilty of being in possession of
pornógraphic materials and indecent dressing.
University, its Vice Chancellor and Chancellor were the first, second
and third defendants, respectively while Felix’s mother, Mrs
Indo Felix Vwamhi of Block House 13 Mbora Estate, Abuja was a co-plaintiff in the suit.
While delivering his judgment, Justice Ojo found out that the student
had indeed violated the university regulations as contained in chapter
4, section 35 of its student’s hand book which prohibits public display
or possession of pornógraphic films or photograph.
that the student also admitted being in possession of the laptop
containing the pornógraphic materials and sharing same laptop with
friends in the school.
He affirmed that the panel set up by the
university to try the student did not violate section 36 of the 1999
constitution as amended and the principles of “Audi Alterem Partem and
Nemo Judex in Causa Sua” . That one cannot be a judge in his own
According to him, the claimant did not state
categorically that the chairman of the panel was biased being the Dean
of Students Affairs whose staff investigated the student in question.
The Judge also faulted the claimant’s counsel for his inability to file
counter affidavit against the issues raised by the respondents, adding
that, in a situation where the party to a dispute could not file counter
affidavit it would be assumed he admitted.
however, stated that the school authority should reconsider the
passionate appeal made by the student’s father to revisit and review the
decision of the Student Disciplinary Committee to avert possible
miscarriage of justice and colossal human and material wastage.
The father pleaded with the university authority to tamper justice with
mercy and recall the student, stressing that he needs encouragement to
complete his education, having spent four years already.