A four hundred level student of Political Science of Redeemers University of all Nations, John Gift Momoh expelled by the school over allegations of taking hard drugs has dragged the institution before an Ogun State High Court in Ota, southwest Nigeria.
In an affidavit sworn to by Momoh and filed before the court by a Lagos lawyer, Barrister Adejumo Omobolaji, the deponent alleged that he was summarily expelled from the university without justification.
Momoh averred further that in a letter of expulsion dated 29 January, 2013 addressed to him and given to his father, the reason for his expulsion was addiction to morphine and cannabis but he averred that he has never taken psychotropic substance in his life and as such he could not be a drug addict.
The applicant stated further that the school conducted urine test on him and other students sometime in November 2012. He said.
The result of the tests were not shown to them and the school’s health centre is not an accredited forensic laboratory, in addition the health centre is not manned by qualified narcotics investigators.
Consequently it was the security men and some staff of the health centre that conducted the test.
In view of this development, the applicant contended that the quality assurance of the processes, tools and techniques used in reaching the conclusion cannot be reliable.
It was further contended that the specimens were not properly collected neither and not properly labelled.
The disciplinary panel that heard the case were alleged to have sat in secrecy, the membership and details of deliberations were not made known while the students including the applicant were not asked to make any representation to the disciplinary panel, neither were they allowed to confront the boy that was said to give evidence which implicated the applicant.
Therefore, the applicant averred that the trial negates the rules of fair hearing enshrined in the 1999 Constitution of the Federal Republic of Nigeria.
In view of this, Momoh, while asking for the sum of N10 million as compensation and aggravated damages against the institution, is also urging the court to declare the expulsion letter sent to him as inoperative, void and of no effect.
Joined as co-respondents in this fundamental right enforcement suit are: the vice chancellor of the school, the Registrar and the Dean Students Affairs.