Certificate Scandal: UNN Moves To Dismiss Ex-Minister Nnaji’s Case Over ‘Legal Defects’

According to Ireporter Online, the University of Nigeria, Nsukka (UNN), its Vice Chancellor, Prof. Simon Ortuanya, and other top officials have raised objections to a suit filed against the institution by former Minister of Innovation, Science and Technology, Chief Uche Nnaji.

In a notice of preliminary objection filed before Justice Hauwa Yilwa of the Federal High Court, Abuja, the defendants urged the court to dismiss the case on grounds that it is statute-barred and procedurally defective. They argued that Nnaji’s motion on notice for prerogative writs was incompetent and improperly initiated.

The suit lists as defendants the Minister of Education, the National Universities Commission (NUC), UNN, Prof. Ortuanya, the university’s Registrar, former Acting Vice Chancellor Prof. Oguenjiofor Ujam, and the UNN Senate.

Nnaji, who instituted the case before leaving office, had approached the court following allegations of certificate forgery levelled against him.

At the resumed hearing, Nnaji’s counsel, Chief Wole Olanipekun (SAN), informed the court that he had only just received the defendants’ notice of preliminary objection moments before proceedings began. He noted that although the matter was fixed for hearing, counsel for the third to seventh defendants, Prisca Udoka (SAN), indicated that she would be filing a counter-affidavit the following day.

“Shortly before my lord sat, my learned friend informed us that their counter-affidavit would be filed tomorrow. We were only served this morning with the notice of preliminary objection. We are requesting a date for definite hearing,” Olanipekun told the court.

Justice Yilwa adjourned the case to January 13, 2026, for hearing and directed that notices be served on all parties absent from court. Notably, representatives of the Education Minister and the NUC were not present at the session.

In their objection, the third to seventh defendants argued that Nnaji’s motion ex parte for leave was filed outside the three-month statutory period required by law, 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. They maintained that the late filing rendered the entire proceedings incompetent and stripped the court of jurisdiction.

The defendants further contended that the substantive motion for prerogative orders was wrongly initiated through a motion on notice instead of an originating motion, as prescribed by Order 34 Rule 5(1) of the same rules. They described the application as “premature, speculative, and incompetent,” noting that there was no evidence of any prior request or denial regarding Nnaji’s academic records.

Additionally, they asserted that the Federal High Court lacks jurisdiction to entertain issues relating to academic records, examinations, or transcripts, which they said fall outside the court’s constitutional purview under Section 251(1) of the 1999 Constitution (as amended).

The defendants also insisted that no valid cause of action was disclosed against them, emphasizing that Prof. Ortuanya acted strictly in his official capacity as Vice Chancellor.