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“Also examination malpractice is a serious criminal charge which can only be tried in a competent criminal court or a tribunal set up under the Constitution. The trial before the panel set up by the respondent with respect lacked the power and jurisdiction to try the appellant, any incompetent trial is a nullity thereby void and of no effect…”
“Though it is not disputed in this case that the allegation of examination malpractice is one of grave misconduct for which the respondents could expel the applicant, what is questioned is the procedure followed in doing this. In the circumstances of this case therefore the Students’ Disciplinary Committee lacked the power and jurisdiction to inquire into the allegation against the applicant. Therefore, the punishment meted out to the applicant cannot stand and is hereby declared null & void.”
“The determination of the guilt, or innocence of any person accused of the commission of a criminal offence is within the exclusive jurisdiction of a court of law constituted in the manner prescribed under the Constitution of the Federal Republic of Nigeria, 1999.”
“…it is important to state without further ado that over time, the law has been fairly well settled that a University and indeed all academic institutions have the powers to discipline erring students and most importantly in respect of infractions bordering on Examination Malpractices and for such other misconduct, notwithstanding the element of criminality inherent in them.”(Bolded for emphasis)
“I would like to emphasize herein that the decision in GARBA should not be taken as a prohibition of instituting disciplinary measures against civil servants (Students) where there has been a criminal charge or accusation”.
“It seems to me preposterous to suggest that the administrative body should stay the exercise of its disciplinary jurisdiction over a person who had admitted the commission of the criminal offences. The inevitable inference is that criminal prosecution should be pursued thereafter before disciplinary proceedings should be taken. I do not think the provision of the law and effective administration contemplates or admits the exercise of such circuitous route to the discipline of admitted wrongdoings.”
“it is no longer the law that where an employee commits acts of gross-misconduct against his employer which acts also disclose criminal offences under any law, the employer has to wait for the out come of the prosecution of the employee for such criminal offences before proceeding to discipline the employee under the contract of service or employment.”
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