The Supreme Court has in a unanimous decision dismissed the Appeal filed by the Federal University of Technology Minna and three others against Miss Bukola Olutayo a student of the University who was wrongfully expelled by the senate of the university without a fair-hearing.
The respondent, Miss Bukola Olutayo, was suspended and ordered to appear before the Students Disciplinary Committee (SDC) of the school over an allegation of exam malpractice. After their investigation the SDC found her not liable and recommended that she be recalled to continue her studies.
Notwithstanding the SDC’s recommendation to recall the Respondent, the senate of the university expelled the Respondent without charging her with any new allegation or giving her an opportunity to defend herself.

The Respondent instituted an action against the University and three others at the High Court of Niger State for the enforcement of her right to fair-hearing which the court dismissed. Aggrieved with the decision the Respondent appealed to the Court of Appeal.
The Court of Appeal upheld her appeal and declared her expulsion from the university by the Appellants as null and void. The Appellants dissatisfied with the decision of the Court of Appeal subsequently filed an appeal at the Supreme Court against the judgment of the Court of Appeal.
Hon. Jus. Ejembi Eko in delivering the lead judgment held that “The undisputed facts clearly established that the senate of the university, in their decision to expel the respondent for examination misconduct acted capriciously and arbitrarily and thereby violated the respondent’s right to fair hearing, not only in the context of audi alterem partem (i.e. denying her an opportunity to be heard) under Section 36(1) of the constitution, but also in terms of the right against double jeopardy, on the basis of her plea of autre fois aquit (the exoneration or acquittal) by the SDC, guaranteed by Section 36(9) of the constitution”.
The learned Justice further held that “the expulsion resulting in this litigation culminating in this appeal was itself an unwarranted and capricious violation of the respondent’s right to fair hearing.
The Supreme Court in dismissing the appeal ordered the appellants jointly and severally to pay the sum of N1,000,000:00 as cost to the respondent who was represented by the firm of Bola Olotu and Company.