The Vice-Chancellor of the University of Nigeria, Nsukka (UNN), Prof. Simon Ortuanya, along with other university officials, has challenged a suit filed by former Minister of Innovation, Science and Technology, Uche Nnaji, alleging certificate forgery.
In a preliminary objection filed before Justice Hauwa Yilwa of the Federal High Court in Abuja, UNN and the other defendants asked the court to strike out the suit, arguing it is statute-barred.
They also contended that the plaintiff’s motion for prerogative writs was incompetently filed.
Other defendants in the case include the Minister of Education, the National Universities Commission (NUC), the UNN Registrar, former Acting Vice-Chancellor Prof. Oguenjiofor Ujam, and the UNN Senate.
The suit, marked ABJ/CS/1909/2025, was filed by Nnaji before leaving office, following allegations of certificate forgery against him.
At Monday’s court mention, Nnaji’s lawyer, Wole Olanipekun (SAN), said he received the preliminary objection notice only minutes before proceedings began.
He requested a definite hearing date, noting that the defendants intended to file a counter-affidavit the following day.
Justice Yilwa adjourned the matter to January 13, 2026, directing that hearing notices be issued to all parties not present in court. The Education Minister and NUC were absent.
In their objection, the third to seventh defendants argued that:
- The suit was improperly filed because the motion ex-parte for leave was not filed within three months of the alleged incident, as required by Order 34 Rule 4(1) of the Federal High Court (Civil Procedure) Rules 2019 and Section 2(a) of the Public Officers Protection Act 2004.
- The motion for prerogative orders should have been filed as an originating motion, not by motion on notice, per Order 34 Rule 5(1).
- The Federal High Court lacks jurisdiction over student academic records, examinations, results, and transcripts under Section 251(1) of the 1999 Constitution.
- Internal university remedies have not been exhausted, and no fundamental rights of the plaintiff were violated.
- No reasonable cause of action exists against the defendants, particularly Prof. Ortuanya, who acted in his official capacity as UNN Vice-Chancellor.
