The University of Nigeria, Nsuka (UNN), the school’s Vice Chancellor2, Prof. Simon Ortuanya, and others have faulted a suit filed by a former Minister of Innovation, Science and Technology, Uche Nnaji, against the institution.

In a notice of preliminary objection, UNN and its officials, named as defendants in the suit now before Justice Hauwa Yilwa of the Federal High Court in Abuja, prayed the court to strike out the suit for being statute barred.

They also want the court to strike out the motion on notice for prerogative writs filed by the plaintiff because it is incompetent and wrongly commenced.

The defendants in the suit are: the Minister of Education, the National Universities Commission (NUC), UNN, Ortuanya, the Registrar of UNN; a former acting Vice Chancellor, Prof. Oguenjiofor Ujam, and the Senate of the university.

Nnaji filed the suit before his exit from office, following allegations of certificate forgery against him.

At the mention of the case yesterday, Nnaji’s lawyer, Wole Olanipekun (SAN), told the court that the lawyer to the third to seventh defendants, Prisca Udoka (SAN), just served him the notice of preliminary objection few minutes before the commencement of proceedings.

Olanipekun averred that the case was slated for hearing.

The eminent lawyer said though he was ready for the proceedings, Udoka informed him that she would be filing a counter-affidavit.

He said: “Shortly before my noble lord sat, my learner 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 this morning. We want a date for definite hearing. We want to plead to my lord,” Olanipekun said.

Justice Yilwa then adjourned the case till January 13, 2026 for hearing.

She also ordered that hearing notices be issued to parties, who were not in court.

The education minister and the NUC were not represented at yesterday’s sitting. In their objection, the third to the seventh defendants faulted the manner the suit was started, arguing that the plaintiff’s motion ex parte for leave was not filed within three months of the occurrence of the subject matter.

They said this was contrary to 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, which rendered the proceedings incompetent and robbed the court of jurisdiction.

“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, speculative, since there has been no prior request or denial of release of academic records or any evidence of interference with the applicant’s academic records prior to the commencement of this action,” they said.

The defendants also argued that the Federal High Court lacked the jurisdiction to entertain “matters concerning students’ academic records, examinations, results, and transcript, which are not proceedings arising from the administration or management of any agency within the exclusive jurisdiction in Section 251(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and where the internal remedy has not been exhausted and the Applicants’ fundamental rights has not been breached.”

They also contended that no reasonable cause of action was disclosed against the third to seventh respondents, particularly the fourth respondent, Prof. Ortuanya, who they claimed acted solely in his official capacity as the VC of the UNN.

Source; The Nation News