BY AMOS TAUNA, KADUNA – The Federal High Court sitting in Kaduna has dismissed a suit filed instituted against Ahmadu Bello University, Zaria and two other academic staff from the Department of Statistics by a PhD student, Jamilu Auwalu Adamu for lack of merit.
Jamilu Auwalu Adamu, had prayed the court to among others declare that his withdrawal from the institution as invalid, null and void.
Adamu, a staff of the National Mathematical Centre, Abuja, had on September 11, 2017, filed a writ of summons before the court through his counsel over what he described as wrongful withdrawal and extension of period of studies at the institution’s School of Postgraduate Studies.
He claimed N20 million against the University and the two other defendants as general damages for “wrongful withdrawal, unduly prolonging the his period of studies, wasting of time, energy and resources.
Ruling on the matter, the court presided over by Justice S. M. Shuaibu, declared that the case lacked merit and therefore refused all the reliefs sought by the respondent.
The trial judge ruled that on the whole, the case lacked merit and therefore refused the reliefs sought by the applicant.
Justice Shuaibu noted that there was nothing before the court to show that Jamilu Auwalu Adamu applied for a deferment of his PhD programme or had applied for late registration, saying the conclusion was that the respondent had voluntarily withdrawn from the programme.
The judge added that the plaintiff ceased to be a student of the University since 10th May, 2015 by his own conscious act of omission; and consequently lacked the locus standi to institute the proceeding as he was no longer a student at the time he did.
The court also rejected the argument that the plaintiff became aware of his withdrawal by a letter from the University to his solicitors in reply to enquiries made relating to the status of the plaintiff with the University being the 1st defendant.
Justice Shuaibu said those so-called enquiries were made two years after the plaintiff had voluntarily withdrawn from the institution by his conscious and deliberate omission to register for the 2014/2015 academic session.
Justice Shuaibu declared; “The suit itself is hereby dismissed,” and awarded N50,000 cost to each of the defendants to be paid by the plaintif.
The Court judgment was contained in a press statement by the Director, Public Affairs Directorate, Ahmadu Bello University, Dr Isma’il Shehu.
