THE ILLEGALITY OF RESTRICTION PLACED ON OOU “HOSTEL STUDENTS” BY THE SCHOOL MANAGEMENT

By Festus Ogun

In my view, the Olabisi Onabanjo University is one of the higher institutions in the world that have produced huge number of graduates with high moral standards. This is as a result of the hard efforts of the school management to instill fine virtues in their students, in all ramifications. Truly, this unique quality is worthy of commendation and emulation. Additionally, it is a law-abiding institution.

Some weeks ago, the school authority published a circular which is to the effect that: students staying on campus hostels are barred to attend religious functions off campus – in Ago-Iwoye and its environs – during weekends. In essence, the circular is saying that students in the hostel must not leave the school during weekends for any reason whatsoever – they are barred.

Truly, the intention of the school is to ensure that the students’ lives are safe and to see that the students do not get involved in anti-social activities. They seem to hold the believe that some students ‘sneek’ out of the hostels, in the name of attending religious functions, to involve themselves in anti-social activities. Apart from this, some have said that they are equally placing the ban in order to ensure that students attend the ‘newly established’ Christain Chapel. The establishment of this chapel has been the defense of the authority when student raise the plea of attending churches outside. In all, the perceived essence of the ban is based on the good intention of the management to ensure students’ security. This is fine and laudable.

However, there are so many elements of illegality that have come along with this restriction. The basic constitutional rights of these students have been breached and as a matter of fact, the ban must be lifted, for the school itself is a creation of law (OGUN STATE UNIVERSITY EDICT, 1982). Since it is now established that the school is a creation of law, it will be apt to therefore submit that its rules and regulation must be made in a way or manner that it will conform and should not clash with the provision of the Constitution, which is the grundnorm where all other laws derived their validity. For any other regulation that clash with that of the constitution will be declared void to the extent of its inconsistency – See Section 1(3) of the 1999 Constitution.

The restriction not to move out of campus on weekends, in the first place, is a breach of the students’ constitutional right to freedom of movement. Section 41(1) of the 1999 Constitution provides for every citizens of Nigeria right to freedom of movement. This in essence mean that nobody have the right to curtail the movement of the other(s) except if such restriction falls within the ambit of Section 41(2) of the Constitution. And having perused the foregoing provision, I have found none that gives any legal justification for this restriction ‘committed’ by the authority. See DELE GIWA V. IGP, AIGORO V. ANEBUWA, CLARKE V. DAVIES, BIRD V JONES .

This restriction on the students not to move out, whatever the good intention constitutes “false imprisonment” under the law. The ‘imprisonment’ is false because it is simply not right. In the words of Lord Edward Coke CJ “every restrainment of the liberty of a freeman is imprisonment although he is not within the walls of any common prison”. The right to personal liberty of the citizens guaranteed under Section 35(1) of the Constitution has also been breached. Or where is the freedom or liberty where students are not allowed to move from that “cage of hostel”, whatever the good intention? Infact, like the case of this institution, the law does not normally look at good intention in cases like this. Thus, it is no defense that they have acted in good faith. The Students’ right to movement has been breached.

Also, the students’ right to freedom of religion has been breached. Section 38(1) of the Constitution provides thus: “Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) TO MANIFEST AND PROPAGATE HIS RELIGION or belief in worship, teachings, practice and observance”(emphasis supplied by me). Therefore, the denial of the students to go out of the school for their religion sake or to simply worship violates this constitutional provision.

Some have argued that it is needless for the students to move out of campus because there are fellowships on campus and more importantly there is the School Chapel for them to worship. This reasoning is not in accordance with the right to religion. The section provides the students with the “freedom” to religion. Since freedom is then the choice to pick an option and not to be forced to pick such option, compelling or advising students of the school to worship on campus is highly unconstitutional. See the celebrated case of AGBAI v OKAGBUE.

As if the constitution is aware of this infringement, Section 38(2) provides that “ No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction, ceremony or observance relates to a religion other than his own or a religion not approved by his parent or guardian.” The above provision has best explained and clarify the whole issue. The constitutional breach of right to freedom of religion can therefore be inferred and noticed in this restriction.

In essence, relying on the established provisions of law, it will be right therefore to declare the restriction illegal, null and void i.e. not according to the law.

Since we cannot continue to swim in the river of illegality, the management is therefore humbly advised to withdraw the policy/restriction with immediate effect.

Experience has shown that the Olabisi Onabanjo University is an institution that respects the law of the land and gives no room for illegality. As such, opining that the policy might have been made “per incuriam” may not be wrong. At least, we are infallible because we are humans. But, having now realized the error or having spotted the illegality, the best to do is to either withdraw the policy or fine-tune it in a way or manner that it won’t clash with students’ constitutional rights.

Thank you.

Festus Ogun is a “human righter”, learning Law in OOU. He can be contacted via festusoguntv@gmail.com or 09066324982