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Judge Strikes Out Case Against UNILAG On Technical Grounds, Students’ Lawyer To Appeal Or Re-File

February 24, 2017

Justice A. O. Faji, a Federal High Court judge in Ikoyi, Lagos State, today struck out a case filed against the University of Lagos (UNILAG) by some student activists who alleged unjust rustication by the institution. 

The rusticated students sued the university to contest the school management’s decision. One of the affected students, Femi Adeyeye, was suspended for four semesters on account of a Facebook post in which he criticized the authorities at UNILAG.

In his ruling, Justice Faji today struck out the case on technical grounds, pointing to a difference between filing a notice and making a notice. He urged the aggrieved students to “file a notice” on the school for the matter to be heard.

“There is quite a distinction between filing a case and making a case. This case cannot be filed on ex-parte because the other party has to be duly informed. Therefore, because the respondent was not notified when it should have been, this matter is at this moment struck out,” the judge stated.

However, the students’ counsel, Kayode Owolabi expressed optimism that the case was not totally over, adding that his clients would continue to fight until justice was won and the affected students reinstated by UNILAG.

“The case was struck out, which means we have two options: to either appeal the ruling or file a motion of notice on the school. We won’t relent until we make sure the students are reinstated to join their colleagues in school,” said Mr. Owolabi.

Most of the students were punished by UNILAG administrators for participating in peaceful protests held between April 6 and 8 2016 to demand adequate welfare for students.