COURT HALTS HEARING IN EX-MINISTER NNAJI’S SUIT OVER CERTIFICATE FORGERY
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By: Fasasi Hammad
Hearing in the case filed by former Minister of Innovation, Science and Technology, Uche Nnaji, against the University of Nigeria, Nsukka (UNN) and others was on Thursday stalled at the Federal High Court in Abuja.
The matter, initially scheduled before Justice Hauwa Yilwa, was adjourned to April 20 to allow the parties’ lawyers to regularise their processes. The adjournment followed an oral application by Chiamaka Anagwu, representing UNN and four other respondents, seeking more time to organise their defence.
Nnaji’s lawyer, Sebastian and N.H. Oba, representing the National Universities Commission (NUC), did not oppose the request, and Justice Yilwa subsequently fixed the new hearing date. The judge also directed that a hearing notice be issued and served on the Education Minister, who was absent in court.
Nnaji filed the suit following allegations of certificate forgery against him. In an ex parte motion, he requested leave to issue prerogative writs preventing UNN and its officials from tampering with his academic records.
The suit, marked FHC/ABJ/CS/1909/2025, names the Minister of Education, NUC, UNN, and Prof. Ortuanya as the first to fourth respondents. The Registrar of UNN, Prof. Ujam, and the university Senate were joined as the fifth to seventh respondents.
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Nnaji sought an order of mandamus compelling the university to release his academic transcript and requested that the Education Minister and NUC exercise supervisory powers to ensure compliance. He also applied for an interim injunction restraining UNN and its officials from altering his academic records pending the substantive suit.
In response, the third to seventh respondents filed a preliminary objection, seeking the suit’s dismissal for lack of jurisdiction and asking for substantial costs in their favour.
They argued that the ex parte motion was not filed within three months of the alleged occurrence, contrary to Order 34 Rule 4(1) of the Federal High Court (Civil Procedure) Rules 2019, and violated Section 2(a) of the Public Officers Protection Act 2004, making the proceedings incompetent.
The respondents further contended that the substantive motion should have been an originating motion rather than a motion on notice under Order 34 Rule 5(1), and that the application was premature, speculative, and unsupported by evidence of prior interference with Nnaji’s records.
They maintained that the court lacked jurisdiction over matters relating to student academic records, examinations, and transcripts, which fall outside the exclusive jurisdiction defined under Section 251(1) of the 1999 Constitution. The respondents also argued that internal remedies had not been exhausted, Nnaji’s fundamental rights had not been violated, and no reasonable cause of action was established against them, particularly against the fourth respondent, Prof. Ortuanya, acting in his official capacity as UNN Vice-Chancellor.
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