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abujagirl
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A Federal High Court in Kano, Kano State, has ordered Bayero University, Kano, to reinstate the daughter of Katsina-based business mogul, Hafsat Mangal, as bonafide student.
The court also held that the expulsion of Mangal from the university over alleged examination malpractice was null and void.
Delivering judgement, Justice Fatun Riman, said the evidences and authorities adduced by both parties indicated that Mangal was not given fair hearing before she was expelled.
Riman said he relied on the questions asked the plaintiff at the Dr Khamisu Sani Committee on Examination Malpractice.
Riman said, "the questions created a lacuna in the proceeding and thereby infringed on the fundamental right of the plaintiff as guaranteed in the constitution.The plaintiff has discharged the onus placed on her to prove her case within the balance of probability in civil case.’’
He ordered the university and other defendants to re-instate the plaintiff to continue with her English language study in the Faculty of Arts without any loss of rights and privileges.
"These include the right to participate fully in normal academic and extra-curricular activities that would lead to her successful completion of Bachelor of Arts Degree programme in English’’, he said.
The plaintiff, a 300 level student, was expelled from the university on January 14, 2011 for alleged examination malpractice.
Mangal had testified for herself while the defendants through their counsel, Francis Ithunokia, called two witnesses. She denied the allegation leveled against her adding that she was not the owner of the handwriting in the confiscated booklet.
She also denied being the person caught with the booklet.
The court also held that the expulsion of Mangal from the university over alleged examination malpractice was null and void.
Delivering judgement, Justice Fatun Riman, said the evidences and authorities adduced by both parties indicated that Mangal was not given fair hearing before she was expelled.
Riman said he relied on the questions asked the plaintiff at the Dr Khamisu Sani Committee on Examination Malpractice.
Riman said, "the questions created a lacuna in the proceeding and thereby infringed on the fundamental right of the plaintiff as guaranteed in the constitution.The plaintiff has discharged the onus placed on her to prove her case within the balance of probability in civil case.’’
He ordered the university and other defendants to re-instate the plaintiff to continue with her English language study in the Faculty of Arts without any loss of rights and privileges.
"These include the right to participate fully in normal academic and extra-curricular activities that would lead to her successful completion of Bachelor of Arts Degree programme in English’’, he said.
The plaintiff, a 300 level student, was expelled from the university on January 14, 2011 for alleged examination malpractice.
Mangal had testified for herself while the defendants through their counsel, Francis Ithunokia, called two witnesses. She denied the allegation leveled against her adding that she was not the owner of the handwriting in the confiscated booklet.
She also denied being the person caught with the booklet.
