By Chief M K Omolade Esq
The withdrawal of the result of one Mmesoma Ejikeme and the purpotef sanctions of the Three years ban on her admission by the Joint Admission and Matriculation Board (JAMB) failed the integrity test of the principles of Natural Justice and fair hearing in line with the provisions of section 36(5) of the 1999 Nigeria Constitution Amended.
It is a fact that forgery is a criminal offence which must be proven beyond reasonable doubt and any alter of doubt must be in favour of the accused.
Mmesoma Ejikeme was accused of forgery allegation which is criminal and same must be proven beyond reasonable doubt in the competent Court not by the law enforcement agency or any administrative panel set up by the JAMB
It is also in the public domain as news that the allegation of forgery against Mmesoma Ejikeme has not been proven beyond reasonable doubt in any Court of Law before sanction of three years ban was imposed on her by the JAMB authority. By the provisions of section 36 (5) Everyone that is alleged of a criminal offence is presumed to be innocent untill contrary is proved by the t Court of competent jurisdiction
The principles of fair hearing is fundamental in our legal jurisprudence same is pillars into two legal Maxim (1) Audi alterem partem meaning You must hear the other side of the story before passing judgement.(2) Nemo judex in casua sua meaning You can’t be a judge in your own Case.
Beaming search light into the whole senerio of Mmesoma Ejikeme and JAMB forgery allegation. I am of the opinion that JAMB decision to withdraw and placed ban of three years on Mmesoma Ejikeme admission is pre matured and this decision has failed the integrity test of principles of fair hearing as explained above. In this case JAMB acted as accuser and judge which is offensive to the principles of Nemo judex in casua sua. I therefore advice the JAMB authority to retrace it’s step’s and act in accordance to the dictates of the law. Nigeria is not a banana Republic.
The Labour law gives room for the provisions of vicarious liability on JAMB for any action exhibited by any of it’s workers. So JAMB so look inward to sanitise it’s system instead of shifting blames on tMmesoma Ejikeme.
Chief M K Omolade Esq
Baamofin of Sekona
Writes From Ede
