|By Chinwendu Nwani
Proceedings in a suit filed by former Minister of Innovation, Science and Technology, Uche Nnaji, against the University of Nigeria, Nsukka (UNN) and others suffered a setback on Thursday as the Federal High Court in Abuja adjourned the matter to April 20.
The case, slated for hearing before Justice Hauwa Yilwa, stalled after counsel to UNN and four other defendants sought more time to regularise their processes. Chiamaka Anagwu, who led the defence team, made an oral application for adjournment, explaining the need for the respondents to put their filings in order.
Counsel to Nnaji did not oppose the request. Similarly, N.H. Oba, who represented the National Universities Commission (NUC), raised no objection. Justice Yilwa subsequently adjourned the suit for hearing and directed that a hearing notice be issued and served on the Minister of Education, who was absent and unrepresented in court.
Nnaji instituted the suit, marked FHC/ABJ/CS/1909/2025, following allegations of certificate forgery levelled against him. In his ex parte application, the former minister asked the court to grant him leave to issue prerogative writs restraining UNN and its officials from allegedly tampering with his academic records.
He further sought a writ of mandamus compelling the university to release his academic transcript. In addition, he urged the Minister of Education and the NUC to deploy their supervisory powers to direct UNN to comply.
The defendants in the suit include the Minister of Education, the NUC, UNN and Prof. Ortuanya as 1st to 4th respondents, as well as the Registrar of UNN, Prof. Ujam and the university’s Senate as 5th to 7th respondents.
Nnaji also requested an interim injunction restraining the university and its officers from interfering with his academic records pending the determination of the substantive suit.
However, the 3rd to 7th defendants fired back with a preliminary objection, urging the court to strike out the suit for want of jurisdiction and award substantial costs in their favour.
In a nine-ground argument, the defendants contended that Nnaji’s ex parte motion was filed outside the three-month window stipulated under Order 34 Rule 4(1) of the Federal High Court (Civil Procedure) Rules 2019. They argued that this contravened Section 2(a) of the Public Officers Protection Act 2004 and rendered the proceedings incompetent.
They further maintained that the substantive motion for prerogative orders was improperly commenced by motion on notice instead of an originating motion, contrary to Order 34 Rule 5(1) of the 2019 Rules.
Describing the application as premature and speculative, the defendants insisted there was no evidence that the former minister had formally requested his transcript or that the university had denied such a request before the suit was filed.
They also challenged the court’s jurisdiction, arguing that disputes over student academic records, examinations, results and transcripts do not fall within matters listed under Section 251(1) of the 1999 Constitution (as amended).
The respondents added that internal remedies had not been exhausted and that no fundamental right of the applicant had been breached. They also argued that no reasonable cause of action was disclosed against them, particularly Prof. Ortuanya, who, according to them, acted strictly in his official capacity as Vice-Chancellor.
With the adjournment, the legal battle over Uche Nnaji’s academic records now shifts to April 20, when the court is expected to hear arguments on both the substantive suit and the preliminary objections.
