SERAP begs court to quash tuition hike by Ajasin varsity, Areredolu



Socio-Economic Rights and Accountability Project (SERAP) has sued the Adekunle Ajasin University and the Government of Governor Rotimi Akeredolu SAN over “unfair and arbitrary tuition hike, abuse of power, lack of free, prior, and informed consultation as well as a fundamental breach of legitimate expectations of students.”


In the Originating Summons with Suit No: AK/103/18 filed last Friday at the High Court of Ondo State, Akure, SERAP argues that: “The power of the Ajasin University and Ondo State government to change policy is constrained by the legal duty to be fair, among other constraints imposed by law. A change of policy which would otherwise be legally unexceptionable may be held unfair by reason of prior action, or inaction, by the authority. There is no overriding public interest in the tuition hike.”


According to SERAP, “A public authority possesses powers only to use them for public good. This imposes the duty to act fairly and to adopt a procedure which is fair-play in action. The tuition hike by the Ajasin University and Ondo State government amounts to a broken promise and breach of established practice of notice or consultation. The unfairness of the lack of consultation cannot be overridden by any countervailing consideration. Therefore, the absence of consultation amounts to an unlawful process of tuition hike by the Defendants.”


SERAP also argues that, “Not less than 80 per cent of the students will adversely be affected should the Honourable Court not stop this excessive and unjustified increase in school fees. The University and the Government of Ondo State arbitrarily, abruptly and outrageously increased and without any free, prior and informed consultation, the school fees of students from N35,000 to N180,000 (for fresher); and from N27,000 to N100,000 (for returning students); and N80,000 for final students.”


The suit filed on SERAP’s behalf by Timothy Adewale and Olaniji Olabinjo read in part: “The students have the right to free, prior and informed consultation before any change in fees is effected by the Defendants. The hike in school fees is a breach of the students’ right to equal protection of the law and access to affordable education.”


“A combined reading of the provisions of sections 17(2­­) (a), 18 and 42 of the Nigerian Constitution 1999 (as amended) on citizens right to equality of rights, obligations and opportunities before the law, education and freedom from discrimination, show that the act of Defendants in increasing the fees without recourse to any acceptable procedure has rendered the hike illegal.”


“The law is clear that as per section 18(1) of the Constitution to the effect that the Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels. It is therefore natural to expect that any action to increase school fees by any authority, such authority must take into cognizance the effect of its action on the students’ right to education.”


“Similarly, the International Covenant on Economic, Social and Cultural Rights to which Nigeria is a state party provides that the Ajasin University and Ondo State authorities shall ensure access to education and make education equally accessible to all, based on capacity, by every appropriate means, and by the progressive introduction of free education.”

“The hike in the school fees by the Defendants was never done based on the capacity of the students, nor was it carried out by appropriate means. This arbitrary act of the Defendant has robbed education off the hands of indigent students and majority of those coming from disadvantaged background.”


“It is disheartening to realize that the very government and school authorities that should ensure equal and adequate educational opportunities to students are the very ones destroying it by denying the students of their rights by acts of hiking the fees. On the indispensability of education as a fundamental right, Article 17(1) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act stipulates that: ‘Every individual shall have the right to education.’”


“Any perceived financial hardship faced by the Ajasin University and Ondo State government cannot justify the violations of the students’ constitutional guarantees of equal protection and Nigeria’s international obligations to ensure equal access to the right to education. The Defendants act of hiking the school fees has infringed on the students’ right to education.”



SERAP is seeking the following reliefs:


A DECLARATION that the action of the Defendants is arbitrary and unfair and a clear breach of their legal duty to be fair, the doctrine of legitimate expectation, and the affected students’ right to free, prior and informed consultation before any change in fees by the Defendants can be effected.


A DECLARATION that the hike in school fees by the Defendants amounts to violation of the right of the students to education as guaranteed by Article 17(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and Article 13 (1) (2) (c) of the International Covenant on Economic, Social and Cultural Rights.


A DECLARATION that the action of the Defendants is illegal and a clear violation of the students’ right to equal protection of the law, as guaranteed by sections 17, 18 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Articles 3(2) and 19 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.


AN ORDER directing the Defendants to forthwith reverse the hike in fees payable by the 1st Defendant’s students to its initial amount.


AN ORDER on the 2nd Defendant to sponsor a bill for a law in the Ondo State House of Assembly that would: end arbitrary imposition of fees in the 1st Defendant; grant exemptions to students from disadvantaged background; ensure that the 1st Defendant is adequately funded on an equitable basis to ensure the proper exercise of the rights to equal protection of law and education and redress inequalities in provision of education.


ANY ORDER(S) that the Honourable Court may deem fit to make in the circumstance of this suit.



http://serap-nigeria.org/serap-begs-court-to-quash-tuition-hike-by-ajasin-varsity-akeredolu.ngo/

Since when did Right to education mean right to unreasonably cheap education?

SERAP should go and sit down abeg

Is a "right to free, prior and informed consultation before any change in fees by the Defendants can be effected" a right contained in the Nigerian Constitution or even the African Charter?

Sentiments only win cases on social media, not in law courts....


The lawyer representing SERAP better go amend his pleadings to what he can prove in court

U

Story

buygala:
yyy

chaiiiiiii, una no get work?

hmmmmmm

Smh for this country.... I just wan rich pass e money this year that nigga is my pace setter from dia I go hit dangote pass am.

https://www.nairaland.com/3185431/e-money-bombarded-careless-requests-social

The right way.

SCRAP abi wetin i neva c dem win one single case before

Governors in Nigeria have a grand plan to inflict pains on Nigerians.
This very nonsense is what Gov. Dickson is doing in Bayelsa state where the state owned institution has been on strike for weeks.
God will punish all these governors

hope they can win the case

SERAP can only appeal to the governor's conscience to reduce the amount. Taking him to court won't change anything

They can't reverse the school fees, they can only reduce it.

lonikit:
most of these leaders enjoyed free education and automatic employment after school. same leaders are now inflicting pain on the youths they professed to help during campaign.
unfortunately, some useless youths wil stil be fighting for them. God, please forgive our sins and revive our land

some of them are already here, look above your post... useless youths

lonikit:
most of these leaders enjoyed free education and automatic employment after school. same leaders are now inflicting pain on the youths they professed to help during campaign.
unfortunately, some useless youths wil stil be fighting for them. God, please forgive our sins and revive our land

You are one of the lazy youth Buhari was talking about. Go abroad and see how your mates work while in college to pay school fees!! My nephew is still in high school in America and works 3 days a week in Mac Donald's for his own pocket money.

If the ask you to work part time in the school car wash for extra income to augment the fees, you'll say no, but you want to do guy on campus, go to club parties, toast babes and pay nothing for school fees.

No wonder most graduates are unemployable, cos they don't know what they went to do in school.

COMPAQ:



You are one of the lazy youth Buhari was talking about. Go abroad and see how your mates work while in college to pay school fees!! My nephew is still in high school in America and works 3 days a week in Mac Donald's for his own pocket money.

If the ask you to work part time in the school car wash for extra income to augment the fees, you'll say no, but you want to do guy on campus, go to club parties, toast babes and pay nothing for school fees.

No wonder most graduates are unemployable, cos they don't know what they went to do in school.

Why do I have this feeling that you are an insensitive brout with poor sense of judgement (just using soft word to avoid ban) what do u know about Nigeria youth & student.
Do u know what many student go through to pay their fee,even after graduation with no job they still continue the hustle to meet their daily needs.
Nigeria Youth is one of the most hardworking youth in africa,this is evidence in our breakthrough in many sectors.the Nigeria problem is that poor leadership (quote me anywhere).its the leaders who are lazy and not the youth.
Go to the street of lagos,aba,enugu,ibadan,e.t.c and see how smart and hardworking our youths are. I pray your callous type never find the road to our politics because you are type who will inflict pain on the masses with your insensivity coupled with outright wickedness.

This SERAP is just a joke, thy keep stealing money from International organizations in the name of taking govt to court all the time !

Nawa oh,even Lautech accepted their fate wen its was hiked,AAUA u better accept ur faith or they will b wasting ur time on campus#Useless APC government,they never keep dere promise

COMPAQ:



You are one of the lazy youth Buhari was talking about. Go abroad and see how your mates work while in college to pay school fees!! My nephew is still in high school in America and works 3 days a week in Mac Donald's for his own pocket money.

If the ask you to work part time in the school car wash for extra income to augment the fees, you'll say no, but you want to do guy on campus, go to club parties, toast babes and pay nothing for school fees.

No wonder most graduates are unemployable, cos they don't know what they went to do in school.

you're so dumb to compare the USA to ondo state

How many days will a student wash cars for ?

How many people get car sef for akungba or ikare
You're a very stupid and heartless person, I'm not sorry to say it.

Where students wan see work for places like owo,okitipupa,apoi,igbokonda,ondo town and even akure

Most of the people in ondo state are civil servant they are even owed salaries and pension used by this same state governor

tommyken:

Why do I have this feeling that you are an insensitive brout with poor sense of judgement (just using soft word to avoid ban) what do u know about Nigeria youth & student.
Do u know what many student go through to pay their fee,even after graduation with no job they still continue the hustle to meet their daily needs.
Nigeria Youth is one of the most hardworking youth in africa,this is evidence in our breakthrough in many sectors.the Nigeria problem is that poor leadership (quote me anywhere).its the leaders who are lazy and not the youth.
Go to the street of lagos,aba,enugu,ibadan,e.t.c and see how smart and hardworking our youths are. I pray your callous type never find the road to our politics because you are type who will inflict pain on the masses with your insensivity coupled with outright wickedness.

that guy you quoted is a very stupid person, I feel like breaking his head with that nonsense he wrote sef

The fool is even comparing students in the USA to students in Nigeria, with people like that idiot,this country might not develop in the next 200 years.

In ondo state,I don't think I can count up to 10 industry in that state,there is absolutely no job in that state.

He said student should start Washing cars,how many days will you wash cars for in ikare and akungba,how many people get cars for those two towns sef.

Nigerians are people who don't know their right.in Ireland the people are still fighting for the government not to bill them for using water.

What's the average income of people living in ondo state sef to start

hmmm

buygalapost=66949879:
Since when did Right to education mean right to unreasonably cheap education?

SERAP should go and sit down abeg

Is a "right to free, prior and informed consultation before any change in fees by the Defendants can be effected" a right contained in the Nigerian Constitution or even the African Charter?

Sentiments only win cases on social media, not in law courts....


The lawyer representing SERAP better go amend his pleadings to what he can prove in court

just re read d rubbish yhu typed,how can u increase school fees when the minimum wage is #18000 and its not regular,u get chop today no mean say u no fit become poor tomorrow

APC is evil asap

inoki247:
SCRAP abi wetin i neva c dem win one single case before

Ask Sàràkí

COMPAQ:



You are one of the lazy youth Buhari was talking about. Go abroad and see how your mates work while in college to pay school fees!! My nephew is still in high school in America and works 3 days a week in Mac Donald's for his own pocket money.

If the ask you to work part time in the school car wash for extra income to augment the fees, you'll say no, but you want to do guy on campus, go to club parties, toast babes and pay nothing for school fees.

No wonder most graduates are unemployable, cos they don't know what they went to do in school.

Your narrative is devoid of reasoning in all ramifications for you to compare America to Nigeria with lame examples. Even in the said university, students still partake in workforce within the school premises to raise funds in order to cater for themselves. Don't be oblivious to our educational system to start with please and be realistic with your opinion.

Another example of a worthy cause championed in a bad case.
An action brought by Originating Summons often borders on the interpretation of a statute or document.
The only way a court would reverse the increase is if the Management did not comply with the provisions laid out in the enabling Act pertaining to fees. If the Management has complied with the law, then the increase is valid, and it would be a bad precedent for a Court to set school fees for the Management of the School.

otuekong1:
just re read d rubbish yhu typed,how can u increase school fees when the minimum wage is #18000 and its not regular,u get chop today no mean say u no fit become poor tomorrow

Oga, we in Nigeria tend to fight the symptom rather than the cause. You've just described what is closer to being the cause which is the poor minimum wage. It's better to have a reasonable minimum wage so that parents can afford to pay the more realistic fees as opposed to the subsidised fees that gives you useless quality of education. We keep fighting the wrong battles. Unfortunately private schools are giving much better quality and are pushing ahead. As it is a lot of companies will not even call state university graduate for job, and slowly they are calling federal universities graduates less and less, so what's the point of a cheap but useless education if no one will call you for an interview.

If you are verse in economics, you'll know that subsidy just distorts so much in an economy. Nigeria has too much subsidy that nothing is effective. It may seem like a good thing that hostel rate in UI is N190 (or whatever it is) , but what level of maintenance can that pay for? That's why toilets, reading rooms and other facilities in the hostel are not even good enough for pigs. We get what we pay for.

A better approach might be for fees to be the "real" rate, while some kind of student loan scheme caters for good students from poor backgrounds and they pay back after 10 years or so.

While corruption and incompetence of even managing the little funds well is an issue no doubt, but Nigeria is simply not rich enough to subsidize so many things. I'd rather have good quality in 5 things than have poor quality in 100 things because they are subsidized.

The issue is that no government is brave enough, competent enough or has enough moral upstanding to bell the cat. Every generation wants it to start with the next one and not their own, hence the difficult decision is never taken and the viscous cycle continues. A good example is the issue in Kaduna with the sacked teachers. It beat my imagination that there was a huge outcry against El Rufai. Even union of teachers went on strike on behalf of teachers that could barely read or write!! It just shows we aren't serious in the country. Both as leaders and the followers.