₦airaland Forum

Statsocial:
Seun Joseph

Lawyers have advised the over 200 students of Covenant University, Ota, Ogun State, who were recently suspended for missing an Easter ‘Youth Alive’ programme to sue the institution.

The management of the school had placed the students on compulsory suspension for not taking part in the said retreat.

Some of the affected students, including a finalist, had said that the rules of their admission did not state that it was compulsory for them to attend the programme organised by the faith-based institution.

Since their suspension, several reactions had trailed the school’s action, with many asking the institution to recall the affected students.

Meanwhile, lawyers have asked parents of the suspended students to sue the school, saying that the institution’s action was a breach of the fundamental rights of the students to freedom of expression and worship.

A human rights lawyer, Mr. Jiti Ogunye, described the suspension of the students as illegal and unreasonable, saying it was an infringement on the rights of the students.

He said even though the owner of a university could set rules and regulations to guide the conduct of students in the school, the rules must be subject to the provisions of the constitution, relating to civil rights and liberty of the students.

He said, “My view is that this action of Covenant University is an infringement on the rights to freedom of religion and worship. Therefore, if tested against the provisions of the constitution, it would not stand, so for me, it is unconstitutional.

“But apart from the unconstitutionality of it, it is also not reasonable, because there is a part of administrative law that talks about unreasonableness of administrative action. If you look at it, it is so unreasonable.

“I’m not advising parents to sue them, I’m strongly encouraging them (parents) to sue the school, not only for themselves but for posterity. When somebody does something egregious and you allow it to pass, it becomes a monster. They can’t allow their rights to be so trampled with reckless abandon.”

Also, a legal practitioner, Liborous Oshoma, called on the parents of the affected students to immediately take the matter to court, saying they would need a restraining order from the court to stop the school management from enforcing the suspension.

He said any delay in taking that step or waiting to sue for damages would not be enough to compensate the students once they are deprived of writing the exam, noting that what happened was an infringement on their rights.

Oshoma explained that even though some persons would argue that once the students signed the dotted lines to obey the rules of the university, they had “signed away” their fundamental rights, he said, “The question is, can you indeed sign away your fundamental rights, because they are inalienable; like freedom of association, religion, worship, etc?

“You don’t just suspend a student writing a final year exam on the basis of flimsy excuse that he or she did not attend a religious programme. We should learn to know when to draw the line between religious gathering and academic activities, because the fundamentals and objectives of these universities are different from what the religious bodies stand for.

“I strongly advise the parents to sue the university authorities. In this case, damages would not be enough to compensate. That is why they should rush to court now to restrain the university from enforcing that suspension to allow the students participate in the exam.”

A lawyer and President of the Committee for the Defence of Human Rights, Mr. Malachy Ugwumadu, also advised the students to sue the school if they were sure there was no express provision in the school’s rulebook that they could be suspended for up to a year if they didn’t attend the institution’s religious activities.

He also cautioned private institutions, especially faith-based ones, against imposing stringent rules on the students as such rules would not enable the students to become “well-grounded” in the society.

He said, “If there is an express provision that the students can be suspended for a year because they fail to attend an activity, they might not be successful in the court of law.

“But, if there is no express provision in the contract, a course of action has arisen. They should go to the court to enforce their fundamental rights which have been breached. Personally, I’m seriously against the stringent rules in faith-based private universities, as they are making our youths not to be well-grounded. Pure academics makes just about 50 per cent of what the university is established for. It doesn’t make a complete person.”

A Senior Advocate of Nigeria, Chief Mike Ozekhome, appealed to the institution to temper justice with mercy and recall the suspended students, in line with the teachings of Jesus Christ, on whom the school was founded.

He said, “In Nigeria, there is freedom of religion, according to Section 38 of the Constitution. It provides that no citizen shall be discriminated against on the basis of their religion, sex and others. If, for instance, a Muslim was denied admission into Covenant University, they can sue the school.

“But once you become a student, you are bound by the contract you have entered into to obey the school’s rules and regulations. The law is called “voluntaire non fit injurie,” which means no person can complain of any harm caused by a contract to which they agreed to.

“Be that as it may, on compassionate grounds, the school can be lenient with the punishment. I appeal to the university to temper justice with mercy, especially as it is a Christian university which follows the doctrines of Jesus Christ. The doctrine of Christ is about mercy and forgiveness. The school should recall the suspended students, but warn them not to disobey its rules again.”

All efforts to reach the university’s Deputy Director, Corporate Communications, Mr. Kalu Igban, to know whether the school would consider recalling the suspended students proved abortive as he did not pick calls or messages sent to his phone by Saturday PUNCH.

Meanwhile, the school said on its Students Affairs section on its website that the vision it had for students made it imperative for it to pursue discipline vigorously.

“The high demand placed on discipline as a fundamental requirement for making a total graduate as embedded in the core values of Covenant University makes it imperative to pursue it with the required doggedness,” it said

http://www.citypeopleonline.com/lawyers-advise-parents-to-sue-covenant-university-over-suspension-of-200-students/

Alero3Arubi:
You are a very passionate guy I see.

Americana90:
The school is a "CHURCH SCHOOL" To attend YOU MUST BE CHURCHY! Hate being "CHURCHY"? Don't bother enrolling

stigmond:
Why did you say?

Ijobaorun:
Does the school force any parent to bring his or her child there? If the answer is no, then they should be ready to obey their rules and regulations at all cost as long as you are still under them.
It's not by force to go to private own schools.
If you want freedom, go to government schools.

Limitless72:
Which jesus picture...
Who told you those picture is JESUS...
Dats d picture of an actor...
And the truth be sey nah africans dey go hell pass...
The brain washing don dey too much jorr

Americana90:
In as much as I am not happy about their suspension, I think they ought to understand the institution they are in. It is a religious one for crying out loud!!!! If they never wanted all these they wouldnt have applied in the first place. Its COMMON SENSE!! It is a religious school and should be respected and seen as one. You want secularism? Go to federal, State, or other private secular schools like APTI. Its just COMMON SENSE. They werent forced to enroll

Opatoranking:
This just portray who you are.If you have the money go then why called it a glorified secondary
.,and the aspect of including Jesus just show you are a pauper.

wirinet:
False! The school is not a church school, the university is a Nigerian registered university accredited to run degree programs by Nigerian University Commission. It was not granted license to run a church school.
I think Nigerian University commission needs to look at the terms under which licenses were issued to Nigerian private universities, because soon we would have ISIS universities.

neoOduduwa:
I know bro. But nonetheless, they still seem to be passive when white people leave their hair to grow, but when a black man does it, na story.

Ijobaorun:
Does the school force any parent to bring his or her child there? If the answer is no, then they should be ready to obey their rules and regulations at all cost as long as you are still under them.
It's not by force to go to private own schools.
If you want freedom, go to government schools.

naijajobx:
I thought it was in the sch policy

prettyboi1989:
the way the lawyers go loss the case like wrapper ehn. seriously the school has its rules and regulations, failure to abide by the rules comes with consequences. most people dont take time to go through the school's handbook, the rules there are evn more stringent that then ones they enforce. Now any aggrieved party seeking redress must first go through the school's handbook before deciding whether the case can be won in court or not

amysucre:
pretty boy, the Nigerian constitution is supreme and any other law that is inconsistent with the constitution is void. The constitution overrides any other rules or regulations

Americana90:
In as much as I am not happy about their suspension, I think they ought to understand the institution they are in. It is a religious one for crying out loud!!!! If they never wanted all these they wouldn't have applied in the first place. Its COMMON SENSE!! It is a religious school and should be respected and seen as one. You want secularism? Go to federal, State, or other private secular schools like ABTI. Its just COMMON SENSE. They weren't forced to enroll

GOD BLESS YOU MY BROTHER. IF NA AL-HIKMAH UNIVERSITY OR UNIVERSITY OF MAKKAH DO THAT, DEM GO DEY YARN TRASH

chiraqDemon:
I dont think that will hold in the co7rt
Its just the handbooks were handed out and the students must have been advised to go thru the handbook with their parents before signing the terms and conditions.

These students know the rules and the consequences and any disagreements should have been sorted out before they put down their signature.
If u wait till a couple of years before suing or bringing up any disagreements then i think its too late.

Just what i think im no legal practitioner

babyfaceafrica:
The lawyers will lose....if any lawyer is sure of him or herself,they should do the service pro-bono..and let's see the result

bayelsaowei:
I can only conclude that the persons who attend that school are either clueless or docile individuals... oyedepo can continue with this bull crap because zombies still are ready to pay tuition fees to attend the glorified secondary school...what rubbish. ..not even Jesus would run an institution like covenant university...

Americana90:
In as much as I am not happy about their suspension, I think they ought to understand the institution they are in. It is a religious one for crying out loud!!!! If they never wanted all these they wouldnt have applied in the first place. Its COMMON SENSE!! It is a religious school and should be respected and seen as one. You want secularism? Go to federal, State, or other private secular schools like APTI. Its just COMMON SENSE. They werent forced to enroll

wirinet:
The lawyers cannot lose.
Even if the obnoxious laws and guidelines are written at the gates and road leading to covenant university, they cannot stand in a law court, because they violate Section 38 (1) of the 1999 constitution.
Section 3 of the first part of the constitution states;
If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.
Covenant university cannot make laws that forces people to attend church services.

This issue is similar to the environmental sanitation law passed by the Lagos State Government more than 10 years ago restricting movement on the last Saturday of every month. I had always argued here on nairaland that that law violates chapter4 section 41 of the constitution that guarantees free movement. I knew that once somebody takes the matter to court, the law would be thrown out, and that was exactly what happened. The law was ruled unconstitutional, null and void.

HRHQueenPhil:
Thank you for this, i dont understand people, i mean there is over 50 good universities in Nigeria, go there. Everyone is entitled to leave but my office says i cannot go this year, i signed and agreed therefore i know what i signed up for. thats why i scrutinize people that buy their forms and advise them against it once i see dey are too attachd to their phones or like to groove.

amysucre:
This is what I know as a legal practioner

Ijobaorun:
Does the school force any parent to bring his or her child there? If the answer is no, then they should be ready to obey their rules and regulations at all cost as long as you are still under them.
It's not by force to go to private own schools.
If you want freedom, go to government schools.