UNN, Vice Chancellor Challenge Ex-Minister’s Suit, Seek Dismissal Over Time Bar

UNN, Vice Chancellor Challenge Ex-Minister’s Suit, Seek Dismissal Over Time Bar

UNN, Vice Chancellor Challenge Ex-Minister’s Suit, Seek Dismissal Over Time Bar The University of Nigeria, Nsukka (UNN), its Vice Chancellor, Prof. Simon Ortuanya, and other officials have asked the Federal High Court in Abuja to dismiss a suit filed by former Minister of Innovation, Science and Technology, Uche Nnaji, describing it as incompetent and statute-barred.

UNN, Vice Chancellor Challenge Ex-Minister’s Suit, Seek Dismissal Over Time Bar

UNN

The University of Nigeria, Nsukka (UNN), its Vice Chancellor, Prof. Simon Ortuanya, and other officials have asked the Federal High Court in Abuja to dismiss a suit filed by former Minister of Innovation, Science and Technology, Uche Nnaji, describing it as incompetent and statute-barred.

The defendants, through a preliminary objection filed before Justice Hauwa Yilwa, argued that Nnaji’s suit, marked ABJ/CS/1909/2025, was wrongly initiated and filed outside the legal time frame allowed by law.

Those listed as defendants include the Minister of Education, the National Universities Commission (NUC), UNN, Professor Ortuanya, the university’s Registrar, a former acting Vice Chancellor, Prof. Oguenjiofor Ujam, and the UNN Senate.

Nnaji had instituted the case before leaving office as minister, following allegations of certificate forgery against him.

At Monday’s proceedings, Nnaji’s counsel, Chief Wole Olanipekun (SAN), informed the court that he had just been served with the defendants’ notice of preliminary objection moments before the session began.

He noted that although the matter was slated for hearing and he was ready to proceed, counsel to the third to seventh defendants, Prisca Udoka (SAN), indicated her intention to file a counter-affidavit.

“Shortly before my lord sat, my learned friend whispered 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 therefore seek a definite date for hearing,” Olanipekun told the court.

Justice Yilwa adjourned the matter to January 13, 2026, for hearing and directed that hearing notices be issued to all absent parties. The Minister of Education and the NUC were not represented at Monday’s sitting.

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In their objection, the third to seventh defendants argued that Nnaji’s motion for leave was not filed within three months of the disputed event, 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. They contended that the failure rendered the case incompetent and stripped the court of jurisdiction.

They further maintained that the substantive motion was wrongly initiated by motion on notice instead of an originating motion, as required under Order 34 Rule 5(1) of the court’s rules.

“The application is incompetent, premature and speculative, as there was no prior request or denial of the release of academic records, nor any evidence of interference with the applicant’s academic records before this action was filed,” they submitted.

The defendants also argued that the Federal High Court lacked jurisdiction over issues relating to student academic records, examinations, results, and transcripts, as such matters do not arise from the administration or management of a federal agency under Section 251(1) of the 1999 Constitution (as amended).

They added that no reasonable cause of action was disclosed against the third to seventh defendants, particularly Prof. Ortuanya, who, they said, acted solely in his official capacity as UNN’s Vice Chancellor.

Sharon Adebomi Ojo
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