Justice Mobolaji Ojo of an
Ogun High Court sitting in
Ota, Wednesday, dismissed
the suit filed by 20-year-old
Longji Felix Vwamhi, a 400
level student of Information
and Communication
Technology department of
Covenant University,
challenging the institution
over his expulsion for being
in possession of
pornographic materials in
his laptop. The case was
dismissed for lack of merit.
It will be recalled that
Vwamhi was expelled on
November 27, 2012
following the outcome of the
Disciplinary Committee set up
by the university which
found him guilty of being in
possession of pornographic
materials and indecent
dressing.
The Covenant University, its
vice chancellor and
chancellor are the first,
second and third defendants,
respectively while Felix’s
mother, Mrs Indo Felix
Vwamhi, of Block House 13
Mbora Estate, Abuja is a co-
plaintiff in the suit.
In his judgment, Ojo found
out that the student has
indeed violated the university
regulations as contained in
chapter 4 section 35 of its
student hand book which
prohibits public display or
possession of pornographic
films or photograph.
He pointed out that the
student also admitted being
in possession of the laptop
containing the pornographic
materials and sharing same
laptop with friends in the
school.
He also stated that the panel
set up by the university to try
the student did not violet
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 course.”
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.
Justice Ojo however, stated
that the school authority
should reconsider the letter
of a 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.
He urged 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.
http://www.vanguardngr.com/2013/03/pornography-case-covenant-university-was-right-court/

good judgement