The Federal High Court, Abuja Division, on Friday, dismissed a suit filed by a pupil, Terdoo Aondo, against Loyola Jesuit College, Abuja, over the school’s refusal to admit him for the 2024 academic session.
Delivering judgment, Justice Peter Lifu held that the suit had become an academic exercise due to effluxion of time, adding that the 2024 admission period had lapsed and could no longer be reversed.
“No advantage can be conferred on the applicant even if judgment is entered in his favour because the 2024 admission period has lapsed,” Justice Lifu said.
He maintained that continuing with the case would amount to an exercise in futility, having been overtaken by time and circumstances.
The court noted that the period of admission being sought by the applicant had closed, in line with the school’s academic calendar since 2024.
In addition, Justice Lifu held that the applicant erred by instituting the case against a non-juristic person, instead of suing the Registered Trustees of Loyola Jesuit College, the legal entity recognised by law.
The pupil approached the court through his counsel, a Senior Advocate of Nigeria, Matthew Burkaa, seeking an order to compel the college to admit him into Junior Secondary School 1 (JSS 1) for the 2024 session.
His mother,Ogooluwa Aondo, instituted the suit on his behalf, naming the college and the Federal Ministry of Education as respondents.
The applicant prayed the court to compel the college to grant him all rights, privileges, entitlements and facilities accorded to its students in Junior Secondary School 1 (JSS 1) to resume on August 20, 2024.
He said this should be without any limitation or restriction pending the hearing and determination of his motion on notice for interlocutory injunction.
The applicant also prayed the court to restrain the principal and president of the college from denying him the right to education and giving out his rights of studentship to any other person pending the hearing and determination of his motion on notice for interlocutory injunction.
Joined as co-defendants in the suit marked FHC/ABJ/CS/1114/2024 are the Principal of the College, Rev.Fr. Chikere Ugwuanyi and the President, Rev. Fr. Peter Chidolue.
The grouse of the applicant was that he made payment for admission but that the payment was not reflected in the school’s bank account because of the electronic glitches that engulfed the portal of the school.
The college on the other hand told the court that admission had been closed at the time the applicant made the payment and also that it could not be held responsible for the electronic glitches to force the applicant on the school.
However, Justice Lifu held that no benefits could be conferred on the applicant because the period of admission being sought had lapsed and his case had become academic.
The judge subsequently dismissed the suit.
(NAN)