Court Dismisses UNN Law Student’s Suit Challenging Exam Malpractice Probe

The Enugu State High Court has thrown out a case filed by a 300-level law student of the University of Nigeria, Enugu Campus (UNEC), who sought to stop the Faculty of Law from investigating him over alleged examination malpractice.

In a judgment delivered on Thursday, August 21, 2025, Justice Kenneth Ikechukwu Okpe dismissed the suit filed by Chidi Kingsley Akabogu, ruling that it lacked merit and was filed prematurely. The court held that universities have the legal authority to investigate and discipline students accused of academic misconduct, provided due process is followed.

Akabogu had sued the Chairman of the Faculty’s Examination Malpractice Committee, Dr. Clara Obi-Ochiabutor, and the Dean of Law, Prof. Festus O. Ukwueze, claiming that his constitutional right to a fair hearing was at risk. He alleged that he was not properly notified of the committee’s July 29 sitting, citing an unsigned WhatsApp notice as evidence of bias.

Through his lawyer, Chidiebere Lucky Obodo, the student asked the court to disqualify the committee, restrain it from sitting on his case, and declare the proceedings a violation of his rights.

The respondents, represented by D.A. Aneke, Esq., urged the court to dismiss the matter, describing the application as speculative and incompetent since no disciplinary hearing had yet been held.

While Justice Okpe dismissed their preliminary objection—holding that both the State and Federal High Courts have jurisdiction over fundamental rights cases—he ruled against Akabogu on the substantive matter.

The judge found no proof that the faculty had denied the student fair hearing, stressing that the unsigned WhatsApp notice was not addressed to him personally but was a general message listing 11 students invited. He further noted that the claim of bias was speculative since the disciplinary hearing had not even begun.

Citing precedents such as Garba v. University of Maiduguri and Esiaga v. University of Calabar, Justice Okpe emphasized that while exam malpractice allegations may carry criminal implications, universities retain the statutory power to investigate and discipline their students in line with their regulations.

He also criticized a letter Akabogu wrote to the Dean on July 23 as “audacious” and “full of commands,” suggesting that the student was more interested in stalling the process than defending himself.

“This suit is premature,” the judge declared. “If the applicant’s intention is to frustrate the investigation of his alleged infraction, then he has failed as this court is unable to find any merit in his suit.”

Consequently, the case was dismissed with a cost of ₦300,000 awarded against the student in favour of the respondents.