₦airaland Forum

LegalWolf:
It is an offence no doubt and also a misconduct. While the university does not have power to try offence, they do have the power try misconduct. Let me give you another example, if X works in a Supermarket and steals the supermarket goods. He has committed both offence and a misconduct. The Supermarket can conduct an investigation and if they found X guilty of stealing, they will fire him. That is the only 'punishment' they can mete out. For X to be guilty of an offence, they need to take him to the police and it is the police that will prosecute him. This is how these things work. In fact, back in school, we say all offences are misconducts but not all misconducts are offences. An act may be offence and misconduct together. You get my point now?

But what is your view on the fact that the University had earlier attested to her examinations devoid of malpractice and was backed up with proof which is still in existence and then making a U turn based on an "alleged confession on a shirt" without concrete evidence to contradict their first position sir?

Realhommie:
Her scripts have been investigated. You really think the investigating panel would have given this recommendation if she was not found wanting?

I dare her to even get 20 SANS she was never going to come out of this mess unscathed.

Then what was the result of their investigation? did they find any incriminating evidence in the process? they should come out clean, but till then we would assume they didn't see anything and can't be punished for malpractice

Elvisgolden:
As intelligent as you sound, intelligence or emotions don't win court cases, rules and application of rules does...............let her go to court, make we see whether na UNIBEN admit her or na she admit UNIBEN

Know your rights sir, so that you won't be taken advantage of

LegalWolf:
It is an offence no doubt and also a misconduct. While the university does not have power to try offence, they do have the power try misconduct. Let me give you another example, if X works in a Supermarket and steals the supermarket goods. He has committed both offence and a misconduct. The Supermarket can conduct an investigation and if they found X guilty of stealing, they will fire him. That is the only 'punishment' they can mete out. For X to be guilty of an offence, they need to take him to the police and it is the police that will prosecute him. This is how these things work. In fact, back in school, we say all offences are misconducts but not all misconducts are offences. An act may be offence and misconduct together. You get my point now?

Perfectly sir

LutanFyah:
I know my rights.


Birth and train good and responsible children, so that "aggressive malpractice " will not take them to the point where their father will be scouting for lawyers to defend their indiscretions and stupidity couched as their "rights ".

I agree with you

sotall:
This case is not only about malpractice sir.

Character which is one of the prerequisite for graduating from a university is missing from this girl.
She can be disqualified on that basis.
No lawyer worth the onions will take up the case

I agree on the second and third paragraph, but I disagree on the last paragraph sir

Slickest:
You just shot urself in the leg, the only way the school can be sure is for her rewrite her exams. Simple

No sir, it's by reviewing her scripts and scrutinizing the invigilator's form of all the exams she wrote. What you wrote above is a form of punishment

Kobicove:
Please also be aware that the fact that a person was not caught engaging in exam malpractice during an exam does not necessarily mean that it does not happen.

Her actions is akin to a confession and has cast Uniben in bad light therefore the management of the school is well within it's rights to take punitive action against her

No sir, it means malpractice did not happen because the invigilator's form would indicate that the examination was free from malpractice as duly acknowledged by the university

poiZon:
But before being taken to the court, u must have spent like 3-4weeks in efcc detention for being stupid and trying to get attention.
In the court u will need a lawyer who will try to defend ur stupidity..
So in all avoid unnecessary attention..
If she had printed LUCK and Agressive Luck brought me this far.. Everybody will just thank God for her, but deep inside she knows that luck represents cheating and not caught, sleeping with lecturers for marks, paying mercenaries to write exams for her etc.
She is a fool... Thank God she made the right thing to expose herstupidity.

I concur especially with your last paragraph

oluwaseunamos33:
plssssss do it and let's see how it will end. Remember to also post on naira land and to all social media. Thanks

I'm not stupid neither I'm I senseless. But it's good we know our right so that we won't be taken advantage of

LegalWolf:
Brother, I am well aware of what you are saying. Perhaps you have forgotten that UNIBEN constituted a panel (which the OP made reference to) sometimes last week or thereabout and they had an 'investigation'. You and I are not privy to the proceedings of that panel and so we can't actually express opinion thereon or the evidence provided therein. And this is exactly the fulcrum of my argument: the panel does not need very stringent requirement to make a pronouncement as she is not being tried for an offence but for a misconduct. This is where I differ from you.

But my own personal opinion: I think she is senseless to have done what she did and she deserves the reaction she is getting

I agree with your last paragraph, what she did was really senseless sir

elonmuskbaby:
talk is cheap,lawyer is cheap in Nigeria Abi?

I'm not disputing the fact that some students have not won against some universities.thats in the past and that's if they signed an undertaking not to sue their school

Why do you want to put yourself and your parents through all that process of trauma,pain, financial and emotional waste?

Is it worth it?

Why don't you go to school, behave yourself and graduate peacefully without any drama

You're right sir, I concur

LegalWolf:
And again: One more point to what i said earlier. The CFRN will come in where there is a question of fair hearing or any other constitutional breach comes to fore. I think there is this popular case of Garba v Unimaid (if i am right) to illustrate this point. Its been long I left law school but I remember the Unimaid expelled Garba and his fellow protesters without giving them fair hearing.

But here, the case is different. A panel was constituted. More importantly, the student is being tried for a breach of conduct not an offence. The law is crystal clear on this point? So where is constitution supremacy coming in?

I want to assume you are a student not yet practicing. But in any event, I am willing to engage you, learn from you as well as teach you how this things work.

Examination malpractice is an offence sir, infact in my alma mater you can even be handed over to the police in the case of malpractice involving impersonation (but I may be wrong sir since it's your field and I believe you have years of experience). But in this case sir, the university had initially admitted that all her exams were devoid of malpractice (from the invigilator's form) and she also passed. For them to turn around to contradict their earlier position requires solid proof not just based on a "confession on a shirt"

ictplotter:
Social media lawyer.. well done.. this is the negative of SM that everybody have turn to prof.
Mr SM lawyer, pls before writing ur rubbish here. I advise you to pick up the student hand book of uniben. The certificate belong to the school, which they hav the right to withdraw from anybody. If found wanted for suspicious or a character that doesn't promote the image of the institution. Its stupid to compare Yahoo, which have no limitation and been regulated by both international and national body to small legal institution who makes and regulate their exam malpractice law.

My chief, it's not by being an SM lawyer, ordinary logic shows she can't be punished for malpractice based on only "a confession on a shirt" when evidences from the university proves otherwise sir

Justiceleague12:
The way to investigate her is by setting exam for to rewrite, since the school didn't see her with any material.... If she really pass her exam without malpractice I don't think it would be a problem to retake the exam again....

It's a very very very big problem for her sir and it's a form of punishment. It is tantamount to her having "extra years" sir

spartan117:
Were you a member of the panel that conducted the investigation?
How did you come to this conclusion?

Then they should come out clean on what prompted their decision for her to rewrite her exams again, or don't you think so?

captainamiedi1:
Oga calm down. The school has investigated and from what I can understand, they are not saying she did malpractice all they are saying is that she should write the exam again. The school has right to order for rewrite just as student has right to order for re-mark. If she was found guilty, her certificate would have been withdraw. All they are saying is write your exam again. It's not a big deal if you initially wrote it before.

No sir, the university have no right to order you to rewrite an examination that you passed has been certified to be malpractice-free by the same university with you having committed an offence. Sorry, do you think it's a joke to rewrite all your exams from 200 level, that's like giving her extra years. But don't get me wrong, the university can punish her for gross misconduct and punish her but not malpractice and asking her to rewrite her exams again!!

Templa:
OK.. But your story is based on sexuality and morals which could have happened outside the school.. Infact most times it's on phone.. But I dare you to sue a school based on your academics and show me who has won such a case against the school..
I wish I remember the name of that form we usually sign during registration.

My chief google an ongoing case against Unilag by some 100 level students with Adegboruwa,SAN as their legal representative, where some 100 level medical students were removed from medicine and surgery department to other departments based on their academic performance. The students claimed the criteria was not clearly stated when they were given admission by the school authorities and the school was taken to court.

Olubidex:
I don't think it's that easy.

The court: Are you the one that write this inscription for yourself and by yourself

Peace Ufuoma: Yes I am

The court: She confessed to having committed exam malpractice during the period in question.

Verdict: Jail time

I pray she gets out of this needless situation unhurt. Amen

No sir, but the invigilator's form and malpractice form of all the exams she wrote duly signed by the university authorities said otherwise. Hence, the university would have to present another solid evidence to contradict their earlier position NOT just a "confession on a shirt"!!!!

oluwaseunamos33:
plssssss can U write it in ur cloth that u are Abubaka shekau (leader of boko-haram) and also state it that u are responsible for the last plane crash that killed the army general?

Without evidence I did, it would be thrown into the trash can

frankson1:
That's if she didn't sign an undertaking not to institute a court case against the school during her registration.

@the bold...no try o o because Yankee police go follow you go know your house, though they won't arrest you.

It doesn't happen that way sir, students have taken their universities to court and have won their case. Do you know that if you are asked to face the university senate, you can go with your lawyer. Watch this film "Citation" and you'll get an idea of what I'm talking about

Meninmen:
You should have gone to represent her as her advocate when she stood before the committee set up by the University. Nor be to dey rant here!

Know your rights sir, so that you won't be taken advantaged of !!!

LutanFyah:
Go and get a "good lawyer " for her.

Know your rights sir, so that you won't be taken advantaged of !!!

WarriFirstBorn:
What do you understand by this term "the accused pleaded guilty to the crimes"?
Once an accused confesses to a crime, the judge does not need anymore evidence to prove that the person committed the crime.

Imagine an armed robber confesses in court that he indeed committed the crime and the Judge saying he is not sure he really did it that he should go and present evidence that he really did it. How does that sounds to you?

Wrong sir!! From your example: If the robber confesses to robbery, and there is no evidence of robbery ie witness or anybody coming forward that they were robbed, arms or object capable of causing arm or object robbed/attempted to be robbed. The case would be tossed into the trash can. All confession must be backed by solid evidence sir !!!

oluwaseunamos33:
my oga, she can't win anything, her statement is already an evidence that's why as a man/woman we need to be very careful of what comes out of our mouths

statement not backed by evidence is null and void sir!!!

therealMcCain:
While this news is yet to be confirmed, did you read the press statement when the panel was constituted, that her scripts will be checked from 100L.

The inscription on the shirt triggered the investigation, it's not the sole basis for whatever will be meted to her.

The question is will she pass the scrutiny test?

What was the result of the panel investigation, that is not a scrutiny test sir, it's a punishment !!!

elonmuskbaby:
they have given her opportunity to prove her innocence by rewriting the exams

No sir, it's a form of punishment, because it is almost impossible for her to do so, except she has "extra years"

providencia:
From what you wrote from your first post, uniben is doing this to her as part of investigating her. She can only sue uniben and win if she comes out in flying colours after the investigation. What she needs from you people is prayers and not this "get a good lawyer, get a good lawyer " which isn't going to help her this very moment

No sir, asking her to rewrite the her exams from 200 level is a form of punishment for malpractice not investigation. Investigation involves review all her booklets, malpractice forms of all the exam she participated in and also invigilator's form in order to build a solid case

Infamous:
Lovely narration here. I’m sure seunH didn’t think this through.

It doesn't work like that in the university setting sir. After every examination, there are 2 forms; malpractice form and general invigilator's form. If there was no malpractice, the malpractice form would be left blank and returned, while the general invigilator's form would be filled to indicate that so so so lecturer invigilated so so so course and there was no malpractice or any incidence and the exam went well. Then the invigilators would then sign. That alone is what is required to set her free if they review her past examinations, except they have evidence of connivance with all her invigilators. So sir punishing her for malpractice is illegal without solid evidence. The invigilator's form is enough to exonerate her, not by telling her to rewrite her exams. I hope you understand my point

InvertedHammer:
/
Trouble is easy to get in but difficult to get out of. She deserves the punishment.
If you wear a shirt with the inscription “I am a yahoo boy”, you will not go to jail for that. But police will beat you mercilessly and extort the hell out of you. Stupidity has a price tag. Just as freedom of speech doesn’t mean you should go around taunting army officers at a checkpoint. Common sense is golden.
/

Agreed

Templa:
Did you go to a university? Don't you k ow you can't sue a university you are attending? Fyi there is a document you sign up for ot to take the school to court while still a student t.. You are a student untill you receive your certificate..

I'm a lecturer sir and I can confirm to you sir that it's untrue. The university is not a secret cult where your rights are temporarily suspended. People have taken universities in Nigeria to court and won. It's this type of mentality that makes lecturers and university staffs take advantage of you. Let me share a story that would irritate you. There was a female student who was sexually harassed by a lecturer (sex for mark). Guess what she did? she went to call her mother(semi illiterate) to the come and beg the lecturer, I heard even the dean was also involved in appealing to the lecturer. I was like whattt someone that should be in a police cell, but I guess it's the above mentality that made her not to take the issue to the law enforcement agents

LegalWolf:
First off, you’re approximating “law” with “code of conduct”. They’re two totally different things and their burden of proof and legal implications are totally different. If it had been the police that arrested, you will be 100% correct in your analysis because it is a question of crime. But it is not so in this instance.

To put it in lay mans term: what you say won’t fly. The university has its code of conduct for students and “disciplining” on that basis requires a less stringent requirement.

Sir, as I said earlier, she can even be rusticated, the school has the full right to do so, if they feel or believe her behaviors is not in conformity with their ethics of the school even if she has graduated years ago. What I'm saying is that, you can't punish a student on allegation of malpractice based on alleged confession written on a shirt!!!. Sir malpractice allegation is not a joke sir, hence we ensure we get solid evidences to nail the suspect. I'll screenshot a malpractice form and you'll see what I'm talking about. And by the way Sir, the law of the land supercedes the university constitution and can come in if there are contradictions