LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fair Hearing — Suspension Pending Investigation Does Not Violate Fair Hearing
PRINCIPLE STATEMENT
The aim of suspending a student is to abort any likelihood of a threatened disturbing atmosphere snowballing into an uncontrollable situation. The university envisaged setting up a body where the student would be given an opportunity to clear himself. He jumped the gun by going to court.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Esiaga v. University of Calabar & Ors (2004) NLC-521999(SC) at pp. 13–14; Paras D–A.
"The aim of suspending the student is to abort any likelihood of the threatened disturbing atmosphere snow balling into an uncontrollable situation. The University envisaged that they would set up a body exercising administrative power where the appellant would be given opportunity to clear himself by offering his own defence. He jumped the gun by going to the court."
EXPLANATION / SCOPE
Interim suspension pending investigation does not violate fair hearing. The principle applies to university discipline. The student will have a hearing before final decision. The rule allows preventive measures before full disciplinary proceedings. The student cannot challenge suspension before the investigation is completed. The principle is well-established.