From Jimoh Joseph, Ado-Ekiti
Four years after he was expelled for alleged involvement in rape, a
student of Ekiti State University (EKSU), Adedotun Babalola, has won a legal battle for his reinstatement.
An Ekiti State High Court has ordered EKSU to reinstate Babalola and
awarded N10 million damages against the university.
The judgment was consequent upon a case of breach of fundamental human
rights filed by the plaintiff who averred before the court that he was
expelled from the university without being found guilty by any court
or tribunal.
Joined as Respondents in the suit are EKSU, Vice Chancellor, the
Senate, the Registrar and the Council.
Justice John Adeyeye who granted all the reliefs sought by the
plaintiff held that Babalola’s expulsion by EKSU management
constituted a breach of fundamental human rights to fair hearing.
Adeyeye ruled that EKSU was wrong to have terminated the studentship
of the plaintiff without trial ordering the university to allow him to
continue his studies without further delay.
Apart from the order to pay the plaintiff N10 million aggravated
damages, the judge also ordered the university to write a letter of
unreserved apology to be published in three national newspapers.
Babalola and Omoteye Olalekan were earlier arraigned before another
court presided over by Justice Ayodeji Daramola for an alleged offence
of having unlawful carnal knowledge of one Bosede Olabanji on 6th
March, 2013.
Counsel to the plaintiff, Mr. Magnus Ejelonu, hailed the court for
redressing the wrong done to Babalola.
Counsel to EKSU, Mr. Ajide Olayemi, said he would consult with the
management to know the next line of action.
But Justice Daramola struck out the case “in the interest of justice”
because of its shoddy handling by the prosecution and the non-interest
of the victim of the alleged offence of rape in the case.
The plaintiff filed a suit for the enforcement of his fundamental
human rights following the refusal of the university to reabsorb him
after the case of rape against him was struck out.