The Jos Division of the Court of Appeal, sitting in Jos, has upheld the decision of the Federal High Court, Bauchi, which nullified the expulsion of a 300 Level student of the Abubakar Tafawa Balewa University, Bauchi and ordered his reinstatement.
The university had approached the appellate court to challenge the decision of the lower court, asking the Appeal Court to quash the decision.
The student, Victor Alom Oboh, had filed a suit against the university in 2013 before the Federal High Court in Bauchi, challenging his expulsion by the university authorities.
The presiding judge, Justice Shittu Abubakar had on May 17, 2018, while delivering judgment in the suit, voided and nullified Oboh’s expulsion.
The judge further ordered the university to immediately reinstate the plaintiff to continue his study and awarded the cost of N1 million as general damages against ATBU in favour of Oboh.
Not satisfied with the decision of the lower court, the ATBU appealed the decision on June 1, 2018.
In its judgment, a copy of which was sighted by DAILY POST at the weekend, the appellate court upheld the decision of the Federal High Court, Bauchi and dismissed the appeal.
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The court further ordered the immediate reinstatement of the respondent (Oboh) and awarded the sum of N100,000 in addition to the N1 million earlier awarded by the lower court as damages against the appellant in favour of the respondent.
According to the three-man appellate panel led by Justice Tani Yusuf Hassan, “The appeal failed and it is hereby dismissed. That the judgement passed by Justice Shittu Abubakar is hereby affirmed.”
Reacting to the judgment, Oboh told journalists in Bauchi at the weekend that he was vindicated by the judgments of both the Federal High Court, Bauchi and the appellate court.
He said he successfully fought the battle to clear his name of the allegation levelled against him, adding that the coast is now clear for him to return to the school with a view to completing his studies.
Oboh stated that he was expelled by the authorities of the university for an offence he knew nothing about.
“Just within 3 minutes after commencement of an examination, an invigilator accused me of malpractice and asked me to fill a form in that regard, which I declined. I was later expelled,” Oboh stated.
He, however, expressed gratitude to God and the judiciary for restoring his honour and aspiration to obtain a degree in Engineering.
