Certificate Forgery: UNN, VC, Others Make Demand From Court On Suit Against Ex-Minister Nnaji

The University of Nigeria, Nsukka, its Vice Chancellor, Prof. Simon Ortuanya, and others, on Monday, urged the Federal High Court in Abuja to strike out a suit filed by a former Minister of Innovation, Science and Technology, Uche Nnaji.

The university and its officials, in a preliminary objection, asked Justice Hauwa Yilwa to strike out the suit on the grounds that it was statute barred.

They also urged the court to strike out the motion on notice for prerogative writs, describing it as incompetent and wrongly commenced.

Nnaji had filed the suit following allegations of certificate forgery levelled against him.

In an ex parte motion, the former minister sought an order granting him leave to issue prerogative writs prohibiting the university and its officials from “tampering with” or continuing to “tamper with” his academic records, among other reliefs.

In the suit marked FHC/ABJ/CS/1909/2025, Nnaji listed the Minister of Education, the National Universities Commission, UNN, and Prof. Ortuanya as the first to fourth respondents.

He also joined the Registrar of UNN, a former Acting Vice Chancellor, Prof. Oguenjiofor Ujam, and the Senate of the university as the fifth to seventh respondents, respectively.

Nnaji sought leave to issue a prerogative writ of mandamus compelling the university and its officials to release his academic transcript to him.

He also asked the Minister of Education and the NUC to exercise their supervisory powers to compel UNN to do so.

Additionally, he sought an interim injunction restraining UNN and its officials from tampering with his academic records pending the determination of the substantive suit.

The third, fourth, and sixth defendants — UNN, its Vice-Chancellor, and former Acting Vice-Chancellor, Prof. Oguenjiofor Ujam — in their preliminary objection, asked the court to strike out the suit for want of jurisdiction.

They also sought an order awarding substantial costs in their favour.

In a nine-ground argument, they contended that the ex-parte motion for leave was not filed within three months of the occurrence of the subject matter.

They argued that this was contrary to 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, rendering the proceedings incompetent and robbing the court of jurisdiction.

They further argued that the substantive motion for prerogative orders was wrongly brought by a motion on notice instead of an originating motion, as required under Order 34 Rule 5(1) of the Rules.

“The application is incompetent, premature, and speculative, there being no prior request or denial of release of academic records, or any evidence of interference with the applicant’s academic records before the commencement of this action,” they submitted.

They also contended that the Federal High Court lacked jurisdiction to entertain matters relating to student academic records, examinations, results, and transcripts, as such matters do not arise from the administration or management of any agency within the exclusive jurisdiction of Section 251(1) of the 1999 Constitution (as amended), and that the applicant had not exhausted internal remedies.

They added that no reasonable cause of action was disclosed against the third to fourth respondents, particularly the fourth respondent, Ortuanya, who, they said, acted solely in his official capacity as Vice-Chancellor of UNN.

Justice Yilwa had, on October 6, fixed Monday for hearing following the defendants’ failure to file their responses.

However, when the matter was called, counsel for the former minister, Chief Wole Olanipekun (SAN), informed the court that counsel for the third to seventh defendants, Prisca Udoka (SAN), had only that morning served him a notice of preliminary objection.

Olanipekun said that although the matter was scheduled for hearing and they were ready to proceed, Udoka had also informed him that she would be filing a counter affidavit.

“Shortly before My Lord sat, my learned friend came to whisper to us that they would be filing their counter-affidavit to the substantive application tomorrow.

“Before then, we were just served with a notice of preliminary objection this morning. We are asking for a date for definite hearing, My alord,” he said.

Justice Yilwa adjourned the matter until January 13, 2026 for hearing and ordered that hearing notices be issued to all parties not present in court.

Meanwhile, neither the Minister of Education nor the NUC was represented in court.