A Former Minister of Innovation, Science and Technology, Uche Nnaji, the University of Nigeria, Nsukka( UNN), and other parties in a suit filed by Nnaji to stop the release of his academic records are now exploring an out-of-court settlement.
The former minister had filed the suit in October last year after investigations alleged that he forged his degree and NYSC certificates.
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However, the case has not proceeded to a full hearing since last year due to procedural issues, including service of processes and pending preliminary objections.
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At the proceedings on Monday, Ope Muritala, who appeared for Nnaji, told the court that the case was fixed for the hearing of pending applications.
He said there was “a new development as parties were exploring an out-of-court settlement” and requested an adjournment to allow negotiations.
Counsel for the Minister of Education and the National Universities Commission said they were not aware of the development and only heard of it on Monday morning in court.
They, however, did not oppose the request for settlement discussions.
Counsel for UNN and its officials, Chidubem Ugwueze, said that the lead counsel for the defence, Chris Uche, had informed him of the settlement discussions, which were relayed by Nnaji’s counsel, Wole Olanipekun.
He said the defendants were not opposed to settlement but urged the court to “hear their motion for regularisation” in case the talks fail.
The presiding judge, Justice Hauwa Yilwa, declined to take the application.
She said the motion would be considered if the settlement efforts fail.
In view of the settlement discussions, the judge adjourned the matter to 8 July, following agreement by the parties.
In an ex parte motion in support of the suit, Nnaji sought leave to issue prerogative writs prohibiting the university and its officials from tampering with his academic records.
He also sought an order of mandamus compelling the university to release his academic transcript, and asked the Minister of Education and the National Universities Commission to use their supervisory powers to ensure compliance.
He further sought an interim injunction restraining the university and its officials from interfering with his academic records pending the determination of the substantive suit.
But UNN and the university officials, in a preliminary objection, urged the court to strike out the suit for lack of jurisdiction.
They also sought substantial costs against the third, fourth, and sixth defendants.
They argued that the application was filed outside the statutory time limit under Order 34 Rule 4(1) of the Federal High Court (Civil Procedure) Rules 2019 and Section 2(a) of the Public Officers Protection Act.
They further argued that the suit was incompetent because the motion for prerogative orders was wrongly filed by motion on notice instead of an originating motion, as required by the rules.
They described the application as premature and speculative, arguing that no request for academic records had been denied and no evidence of interference had been shown.
The defendants also argued that the court lacked jurisdiction over matters relating to student academic records, examinations, results, and transcripts.
They said the dispute did not fall within matters covered under Section 251(1) of the Constitution.
They further argued that internal remedies had not been exhausted and that no breach of fundamental rights had been established.
They added that no reasonable cause of action was disclosed against the third to seventh defendants, including the Vice Chancellor, Simon Ortuanya, who acted in an official capacity.