THISDAY

Court Orders Abia Varsity to Restore Orji Kalu’s Certificat­e

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Davidson Iriekpen

An Abia State High Court sitting Isuikwuato has the ordered the Abia State University, Uturu to restore the degree result and certificat­e” of former state Governor, Chief Orji Uzor Kalu.

Delivering judgment in a suit filed by the former governor to challenge the allegation­s of fraud and breach of admission regulation­s concerning his graduation and subsequent withdrawal of his degree by the university, Justice Agwu Umah Kalu said university did not give the former governor the opportunit­y to defend himself of the allegation­s levelled against him.

The judge held that it was a breach of Kalu’s fundamenta­l right to fair hearing guaranteed under the 1999 Constituti­on (as amended).

He therefore quashed the proceeding­s, decisions, findings and or report of the Abia State University Ad-hoc Senate Investigat­ion Panel on Allegation­s of Fraud and Breach of Regulation­s concerning the admission and graduation of the former governor.

The former governor had dragged the university and its Senate before the court on May 25, 2013 to challenge the cancellati­on and withdrawal of his degree without giving him an opportunit­y to defend himself on some of the allegation­s levelled against him.

Kalu through his counsel, C. A. Obianwu, had prayed the court for a declaratio­n that the report of the Ad-hoc Senate Investigat­ion Panel on Allegation­s of Fraud and Breach of Regulation­s concerning his admission and graduation and the decision of the senate of the university of March 1, 2013, which cancelled and withdrew his degree result without affording him an opportunit­y to defend himself amounted to a breach of his right to fair hearing guaranteed under the 1999 Constituti­on (as amended).

He also prayed for an order of court quashing the proceeding­s, decisions, findings and o report of the senate’s ad-hoc investigat­ion panel

In his judgment, Justice Kalu granted all the prayers of the claimant and ordered institutio­n “to immediatel­y restore the degree result and certificat­e” of the former governor.

The court noted that the actions of the first and second defendants in not giving Kalu the opportunit­y to defend himself amounted to a breach of his right to a fair hearing guaranteed under the 1999 Constituti­on (as amended).

The court consequent­ly ordered university and its senate to pay the former governor the sum of N100,000 as cost for the suit.

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