KANO UNIVERSITY OF SCIENCE AND TECHNOLOGY- PAYMENT OF PROTEST FEES (Matters Arising)
*The decision of the senate, Kano University of science and technology, an aberration in law, and harshness at raw.*
By Munir Ishaq
On the 22nd of June 2018. The Senate of Kano University of science and technology released a statement stipulating therein a PENALTY prescribing a payment of 17000 naira by the ENTIRE students of the university, for an alleged protest carried out by SOME students, causing damage to various school properties around the 2nd of may 2018 due to the death of a level 300 Biology student named Faruk Abubakar in a river closely situated near the school.
With utmost respect, I make bold to say this decision cannot stand as it is contrary to the principles of natural justice, fairness, equity and good conscience as enshrined in the constitution of the federal Republic of Nigeria 1999 as amended 2011.
One of the basic principles of natural justice is the right to fair hearing, this is provided for under Section 36 (1) of the constitution which states thus *"In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality"*
Section 36(2) provides as follows. *"Without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law-*
*(a) provides for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and*
*(b) contains no provision making the determination of the administering authority final and conclusive "*
Simply put, it can be seen that there is a clear violation of section 36(2)(a). The senate of kano university of science and technology an AUTHORITY erred in law when it made a DECISION affecting the entire persons of the university without according the students the right to make representations, as such an infringement of their right to fair hearing. The senate went ahead to prescribe a PENALTY without an AFFIRMATORY. How can you punish someone for an offence that has not been affirmed or established against him. Even God almighty gave Adam and Eve the opportunity to explain themselves before prescribing PENALTY for the sins they committed.
Assuming but not conceding, that this decision of the senate is justified by law, it is a fact of common knowledge that the alleged destruction of properties was carried out by SOME students and not the ENTIRE students, an assistant lecturer from the University's faculty of agriculture Umar Shehu Umar has this to say:
_SOME group of students started causing a chaos trying to register their annoyance on the fact that the university has done short of its expectations for not discovering the student at the period of the night. However, because of the frequent occurrence of this incidence the university fenced the vulnerable areas to deny the students access to this area and in every year during orientation of new students this is a topic of highest priority_
_At the point of this chaos the students within the campus that engineered this issue were controlled but unfortunately the information about this chaos has reached SOME group of students with accumulated annoyance residing outside the campus, most of whom were either withdrawn students or those on probation, operating under the influence of drug_". It can clearly be seen from this report that the destruction of properties was not occasioned by all the persons in the university, Why punish someone for an offence he did not commit, as a matter of fact, this can cause further protests and more damages may be done, after all "shebi if I no do, dey still punish me, make I just do it na".
The university should rather engage in a painstaking investigation in revealing the real perpetrators of such acts, Nigerian universities are always fond of this "General punishment" attitude, like the much recent case in Federal university of technology Minna where they also billed the entire students a mandatory 5000 naira payment for damages, this is not what is obtained in high flying universities across the world. It is genuinely reported that in this same university, over 1000 students are currently battling with their registration fees, talk more of the current economic and financial crisis prevalent in the country, where do you expect an average student (who constitutes the largess of the students) to pay 17000 naira when even the minimum wage received by their parents/guardians still remains 18,000 naira, still amidst rumours of the several millions of naira donated by the Chancellor of the university, Alhaji Aliko Dangote and other well to do individuals.
On this note, in light of the arguments canvassed so far, it can clearly be seen that the decision of the senate of kano university of science and technology is unconstitutional and unknown to law, it is a violation of the right to fair hearing as enshrined in section 36 of the constitution, it is contrary to the principles of natural justice, fairness, equity and good conscience, and as such should be treated as an aberration in law.
With utmost respect, I hereby call on the senate of this prestigious institution to review its decision in line of the above arguments proffered, I also call on the university's vice chancellor the erudite Professor Musa Alhaji, and the executive governor of kano state, his Excellency Dr Abdullahi Umar Ganduje, to act on this situation. Illegalities should not be condoned in our societies. Harsh and arbitrary decisions should be frowned upon in its totality. 17000 naira is not a joke, at least to the average Nigerian.
God bless KUST
God bless Kano state.
God bless Nigeria.
God bless me and you who reads and acts on this.
Munir Ishaq (Morality) writes from faculty of law, Bayero University Kano.
2348147841027.
By Munir Ishaq
On the 22nd of June 2018. The Senate of Kano University of science and technology released a statement stipulating therein a PENALTY prescribing a payment of 17000 naira by the ENTIRE students of the university, for an alleged protest carried out by SOME students, causing damage to various school properties around the 2nd of may 2018 due to the death of a level 300 Biology student named Faruk Abubakar in a river closely situated near the school.
With utmost respect, I make bold to say this decision cannot stand as it is contrary to the principles of natural justice, fairness, equity and good conscience as enshrined in the constitution of the federal Republic of Nigeria 1999 as amended 2011.
One of the basic principles of natural justice is the right to fair hearing, this is provided for under Section 36 (1) of the constitution which states thus *"In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality"*
Section 36(2) provides as follows. *"Without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law-*
*(a) provides for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and*
*(b) contains no provision making the determination of the administering authority final and conclusive "*
Simply put, it can be seen that there is a clear violation of section 36(2)(a). The senate of kano university of science and technology an AUTHORITY erred in law when it made a DECISION affecting the entire persons of the university without according the students the right to make representations, as such an infringement of their right to fair hearing. The senate went ahead to prescribe a PENALTY without an AFFIRMATORY. How can you punish someone for an offence that has not been affirmed or established against him. Even God almighty gave Adam and Eve the opportunity to explain themselves before prescribing PENALTY for the sins they committed.
Assuming but not conceding, that this decision of the senate is justified by law, it is a fact of common knowledge that the alleged destruction of properties was carried out by SOME students and not the ENTIRE students, an assistant lecturer from the University's faculty of agriculture Umar Shehu Umar has this to say:
_SOME group of students started causing a chaos trying to register their annoyance on the fact that the university has done short of its expectations for not discovering the student at the period of the night. However, because of the frequent occurrence of this incidence the university fenced the vulnerable areas to deny the students access to this area and in every year during orientation of new students this is a topic of highest priority_
_At the point of this chaos the students within the campus that engineered this issue were controlled but unfortunately the information about this chaos has reached SOME group of students with accumulated annoyance residing outside the campus, most of whom were either withdrawn students or those on probation, operating under the influence of drug_". It can clearly be seen from this report that the destruction of properties was not occasioned by all the persons in the university, Why punish someone for an offence he did not commit, as a matter of fact, this can cause further protests and more damages may be done, after all "shebi if I no do, dey still punish me, make I just do it na".
The university should rather engage in a painstaking investigation in revealing the real perpetrators of such acts, Nigerian universities are always fond of this "General punishment" attitude, like the much recent case in Federal university of technology Minna where they also billed the entire students a mandatory 5000 naira payment for damages, this is not what is obtained in high flying universities across the world. It is genuinely reported that in this same university, over 1000 students are currently battling with their registration fees, talk more of the current economic and financial crisis prevalent in the country, where do you expect an average student (who constitutes the largess of the students) to pay 17000 naira when even the minimum wage received by their parents/guardians still remains 18,000 naira, still amidst rumours of the several millions of naira donated by the Chancellor of the university, Alhaji Aliko Dangote and other well to do individuals.
On this note, in light of the arguments canvassed so far, it can clearly be seen that the decision of the senate of kano university of science and technology is unconstitutional and unknown to law, it is a violation of the right to fair hearing as enshrined in section 36 of the constitution, it is contrary to the principles of natural justice, fairness, equity and good conscience, and as such should be treated as an aberration in law.
With utmost respect, I hereby call on the senate of this prestigious institution to review its decision in line of the above arguments proffered, I also call on the university's vice chancellor the erudite Professor Musa Alhaji, and the executive governor of kano state, his Excellency Dr Abdullahi Umar Ganduje, to act on this situation. Illegalities should not be condoned in our societies. Harsh and arbitrary decisions should be frowned upon in its totality. 17000 naira is not a joke, at least to the average Nigerian.
God bless KUST
God bless Kano state.
God bless Nigeria.
God bless me and you who reads and acts on this.
Munir Ishaq (Morality) writes from faculty of law, Bayero University Kano.
2348147841027.
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