Nnaji, UNN move toward settlement in certificate suit

A former Minister of Innovation, Science and Technology, Uche Nnaji, alongside the University of Nigeria, Nsukka (UNN) and other parties, has begun exploring an out-of-court settlement in a lawsuit filed to restrain the release of his academic records.
The case, which stemmed from allegations that the former minister forged his university degree and National Youth Service Corps (NYSC) certificates, has been before the court since October last year.
Despite its filing, the matter has yet to proceed to full hearing, largely due to procedural setbacks, including challenges related to service of court processes and unresolved preliminary objections.
At Monday’s proceedings, counsel to Nnaji, Ope Muritala, informed the court that the matter had been scheduled for the hearing of pending applications.
However, he disclosed “a new development,” noting that parties were actively considering an out-of-court resolution.
He subsequently requested an adjournment to allow room for negotiations.
Lawyers representing the Minister of Education and the National Universities Commission told the court they had only become aware of the proposed settlement discussions earlier that morning. Nevertheless, they did not oppose the request for adjournment.
Counsel to UNN and its officials, Chidubem Ugwueze, stated that the defence’s lead counsel, Chris Uche, had already communicated the development to him.
According to Ugwueze, the update originated from Nnaji’s legal team, led by Wole Olanipekun.
While indicating that the defence was not opposed to settlement talks, he urged the court to proceed with hearing their pending motion for regularisation should negotiations collapse.
Presiding over the matter, Justice Hauwa Yilwa declined to entertain the application at this stage.
She held that the motion would only be considered if settlement efforts prove unsuccessful.
Following agreement among all parties, the court adjourned proceedings to July 8 to allow time for discussions.
In his ex parte motion, Nnaji had sought leave to issue prerogative writs restraining the university and its officials from tampering with his academic records.
He also requested an order of mandamus compelling the institution to release his academic transcript.
He urged the Minister of Education and the National Universities Commission to exercise their supervisory authority to ensure compliance with the court’s directives.
The former minister further applied for an interim injunction to prevent any interference with his academic records pending the determination of the substantive suit.
However, UNN and its officials, through a preliminary objection, asked the court to strike out the case on grounds of lack of jurisdiction. They also sought substantial costs against selected defendants in the matter.
The defendants argued that the suit was filed outside the statutory time frame prescribed under Order 34 Rule 4(1) of the Federal High Court (Civil Procedure) Rules 2019, as well as Section 2(a) of the Public Officers Protection Act.
They further contended that the application was procedurally defective, having been initiated by motion on notice rather than by originating motion, as required by law.
Describing the suit as premature and speculative, the defence maintained that no formal request for academic records had been denied, nor had any evidence been presented to show interference.
The defendants also challenged the jurisdiction of the court, asserting that issues relating to student academic records, examinations, and transcripts fall outside the scope of matters the court is empowered to adjudicate under Section 251(1) of the Constitution.
They added that internal dispute resolution mechanisms had not been exhausted and argued that no breach of fundamental rights had been established.
The defence maintained that the suit disclosed no reasonable cause of action against several of the defendants, including the Vice Chancellor, Simon Ortuanya, who they said acted strictly in his official capacity.



