LEGAL PRINCIPLE: EDUCATION LAW — University Discipline — Suspension as Administrative Act for Good Governance
PRINCIPLE STATEMENT
Suspension of a student in a university is an internal affair of the university to enhance good administration and not necessarily a disciplinary measure. This was recognised in Garba v. University of Maiduguri.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Esiaga v. University of Calabar & Ors (2004) NLC-521999(SC) at pp. 18–19; Paras E–A.
"This was an administrative act intended to ensure good and stable administration of the institution and which he was empowered to do. In the Garba v. University of Maiduguri case (supra) this court recognised the fact that suspension of a student in a University is an internal affair of the University to enhance good administration and not necessarily a disciplinary measure."
EXPLANATION / SCOPE
Suspension can be an administrative act for good governance. The principle applies to university administration. It is not necessarily a disciplinary measure. The rule distinguishes between suspension for order and suspension as punishment. The court will respect administrative suspensions aimed at maintaining stability. The principle is well-established.