Published 16th Feb, 2025

By Sodeeq Atanda

Students of the Nnamdi Azikiwe University (UNIZIK) in Awka accused of any misconduct do not have the opportunity to prove their innocence beyond reasonable doubt before the school’s Students Disciplinary Committee, FIJ can report.

On Friday, the university management expelled Goddy-Mbakwe Chimamaka Precious, a student who assaulted Chukwudi Michael Okoye who lectures in the school. A panel that recommended the maximum sanction was set up on Tuesday by Joseph Ikechebelu, the acting vice chancellor of the institution. The panel premised its judgement on Regulation 4 of the Students Disciplinary Regulations.

A copy of the said regulations downloaded by FIJ from UNIZIK’s website did not contain the specific section upon which the student of History and International Relations was dismissed. However, it did contain the procedure on how student misconduct should be investigated as well as how the panel is expected to arrive at a conclusion.

“The university believes that students must take responsibility for their own conduct; and that students must also of necessity be guided as to the acceptable conduct expected of them as students,” an introductory part of the regulations stated.

According to the regulations, a student could be punished for the action of a group, whether formal or informal, to which they belong.

“Under certain circumstances, students must also take responsibility for the conduct of a group, or individual members of the group of which they are part. The group may be informal, such as a study group, or formal, such as a student organisation,” the document also read.

“The goal of the student disciplinary system is to ensure a fair and orderly proceeding on questions of student misconduct. A disciplinary proceeding enjoys neither the advantages nor the limitations inherent in an adversarial proceeding of a court of law. This Students’ Disciplinary Regulation indicates the kinds of behaviour which are not acceptable, and the action which may be taken as a result by the university. The Regulation is separate from any procedure used to deal with issues of academic attendance and progress in the university.”

If a student admits to an offence, the committee passes its judgement. But if the student denies committing the offence, the committee may call for witnesses.

However, the standard of proving such an offence against the student does not have to be “beyond reasonable doubt”, according to the regulations.

PROCEDURE SET FOR A DISCIPLINARY COMMITTEE

Regulation 14, which has 12 sub-regulations, spells out the procedure a disciplinary committee is mandated to adopt when handling a complaint against any student of the learning community.

“The disciplinary committee shall not find that a complaint against a student is established unless a majority of the members present and voting so hold. If there shall be an equality of votes, the matter shall be decided in favour of the Student. If the disciplinary committee shall find the complaint to be substantiated, the penalty to be imposed shall be determined by a majority vote. If there shall be an equality of votes, the Chair shall have a casting vote,” sub-regulation 1 stated.

“Upon receipt of complaint of misconduct against a student, the secretary of the committee shall write formally to the student against whom the complaint is made, through the HOD, to inform him that the matter is before the Disciplinary committee.

“The student will be supplied with details of the alleged misconduct, specifying what particulars it is alleged constitute a breach of the disciplinary regulations.

“Any documentation submitted by the Student in response to the notification of the alleged offence will be made available to the members of the disciplinary committee.

“The committee shall fix a time and place for the meeting and shall inform in writing, and giving not less than seven days notice of a meeting of the committee, to the members of the committee, the Student, and any relevant persons necessary for the determination of the complaint.

“The Student receiving such a written notice shall attend at the time and place appointed for the hearing for the purpose of answering the complaint and, if he/she fails to attend, the committee may proceed with the hearing, and determine the complaint and deal with the matter in her/his absence.

“Students and staff involved as witnesses in a hearing of the disciplinary committee will be expected to make a formal written statement if so requested by the committee. Failure to provide relevant information or to assist any officer in ascertaining whether a disciplinary offence has been committed may itself constitute a disciplinary offence.

“Staff and student witnesses from the university will be expected to attend a meeting of the disciplinary committee when required, unless the reasons for non-attendance are accepted by the chairperson. While it is recognised that witnesses external to the university cannot be compelled to attend a disciplinary committee meeting to give evidence, every effort will be made to obtain either the attendance of or written statements from such persons where they are material witnesses.

“The quorum for a meeting of the disciplinary committee shall be half the number of members, including the chair; except where the number cannot be equally divided into half, then the number of half, less by one.

“At the opening of a hearing by the committee, the chair shall state the complaint and the general nature of the evidence which supports it. The chair shall then ask the student whether he/she admits the matter complained of. If he/she admits it, the committee can proceed to determine the case. If the student does not admit the matter complained of, the committee may call witnesses for the purpose of establishing the complaint or otherwise.

“At the conclusion of the hearing the committee shall determine the matter before it. The committee may either dismiss the complaint on the ground that no disciplinary offence has been made out or may find on the evidence that a disciplinary offence has been committed. If the disciplinary committee so finds that a disciplinary offence has been committed, it shall have the power to impose one or more of the penalties in this Regulation.

“The decision of the committee shall normally be communicated to the vice chancellor for his approval, and the vice chancellor shall direct that the student be communicated, as expeditiously as possible and in any case not less than two weeks after the date of the hearing.”

STANDARD OF PROOF

In following the procedures highlighted above, the committee has no duty recognising the import of Nigeria’s Evidence Act, a legislation guiding the production of evidence in conventional courts.

Regulations 16 and 17 highlight justice and fairness and standard of proof.

“In the proceedings of the committee/trial, the rules of the Nigerian Evidence Law and Procedure need not apply but all hearings shall be conducted in accordance with the principles of justice and fairness,” Regulation 16 says

“Those determining issues under these Regulations should be satisfied on reasonable grounds on the evidence before them. Proof does not have to be ‘beyond reasonable doubt’,” states Regulation 17.

The sanctions provided by the regulations included suspension, rustication, restitution and expulsion. The power to approve any of these sanctions lies in the vice chancellor and it is appealable within 14 days.

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