The University of Nigeria, Nsukka (UNN), its Vice Chancellor, Prof. Simon Ortuanya, and other officials have faulted a suit filed by a former Minister of Innovation, Science and Technology, Uche Nnaji, against the institution.
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In a notice of preliminary objection, UNN and its officials named as defendants in the suit before Justice Hauwa Yilwa of the Federal High Court, Abuja urged the court to strike out the case for being statute-barred.
They also prayed the court to dismiss the motion on notice for prerogative writs filed by the plaintiff, describing it as incompetent and wrongly commenced.
The defendants in the suit include the Minister of Education, the National Universities Commission (NUC), UNN, Prof. Ortuanya, the Registrar of UNN, a former acting Vice Chancellor, Prof. Oguenjiofor Ujam, and the Senate of the university.
Nnaji instituted the suit before his exit from office, following allegations of certificate forgery against him.
At the mention of the case on Monday, Nnaji’s counsel, Chief Wole Olanipekun (SAN), told the court that counsel for the third to seventh defendants, Prisca Udoka (SAN), had just served him a notice of preliminary objection minutes before the commencement of proceedings.
Olanipekun informed the court that the matter was slated for hearing. He said although he was ready to proceed, Udoka indicated that she would be filing a counter-affidavit.
He stated: “Shortly before my lord sat, my learned friend came to whisper to us that they would be filing their counter-affidavit to the substantive application tomorrow. Before then, we were just served with a notice of preliminary objection this morning. We want a date for definite hearing. We want to plead to my lord.”
Justice Yilwa adjourned the case till January 13, 2026, for hearing and ordered that hearing notices be issued to parties who were not in court.
The Minister of Education and the NUC were not represented at the proceedings.
In their objection, the third to seventh defendants challenged the competence of the suit, arguing that the plaintiff’s motion ex parte for leave was not filed within three months of the occurrence of the subject matter.
They contended that this contravened Order 34 Rule 4(1) of the Federal High Court (Civil Procedure) Rules, 2019, and Section 2(a) of the Public Officers Protection Act, 2004, thereby rendering the proceedings incompetent and robbing the court of jurisdiction.
They further argued that “the substantive motion for prerogative orders was wrongly brought via a motion on notice instead of an originating motion, as stipulated under Order 34 Rule 5(1) of the Federal High Court (Civil Procedure) Rules, 2019.
“The application is incompetent, premature, and speculative, since there has been no prior request or denial of the release of academic records or any evidence of interference with the applicant’s academic records prior to the commencement of this action,” they added.
The defendants also maintained that the Federal High Court lacked jurisdiction to entertain “matters concerning students’ academic records, examinations, results, and transcripts, which are not proceedings arising from the administration or management of any agency within the exclusive jurisdiction provided under Section 251(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).”
They further argued that the internal remedies had not been exhausted and that the applicant’s fundamental rights had not been breached.
The defendants concluded that no reasonable cause of action was disclosed against the third to seventh respondents, particularly the fourth respondent, Prof. Ortuanya, who, they said, acted solely in his official capacity as the Vice Chancellor of UNN.
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