LEGAL PRINCIPLE: ADMINISTRATIVE LAW — Fair Hearing — Distinction Between Suspension and Expulsion in University Discipline
PRINCIPLE STATEMENT
The situation of suspension pending investigation differs from outright expulsion. In Garba v. University of Maiduguri, there was outright expulsion; in the instant case, there was only suspension pending the report of the disciplinary committee.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Esiaga v. University of Calabar & Ors (2004) NLC-521999(SC) at p. 18; Paras B–C.
"In the circumstances, the situation in the instant appeal is diametrically different from that in Garba v. University of Maiduguri case (supra). In the Garba case, there was an outright expulsion of the student relying on the Disciplinary Committee report whereas in this case there was only suspension pending the report of the said committee."
EXPLANATION / SCOPE
Suspension pending investigation differs from expulsion. The principle applies to administrative law and university discipline. Suspension is interim; expulsion is final. The rule distinguishes between procedural requirements for each. The court will treat suspension and expulsion differently. The principle is well-established.