By Ikora Ayungbe
The Akwa Ibom State government has approached Court of Appeal, Calabar, Cross River State, challenging the judgment of Etinan High Court which in December 2017 ruled in favour of the 6,000 students who graduated from the defunct state College of Agriculture, Obio Akpa, and were not issued certificates on graduation.
Recall that the students who graduated from the defunct Akwa Ibom College of Agriculture, Obio Akpa from 2000 to 2009, were not issued certificates on completion of their academic programmes, prompting the graduates to seek legal redress.
The college which is owned by the state government admitted students into various diploma programmes for nine years before it was phased out by the state government.
On the April 6, 2010, the ex-students who were denied certificates were issued with statement of results, approached the High Court Justice through their counsel, Barr. (Mrs) Ada Okonkwo of Faith Chambers, Uyo who instituted a suit at an Uyo High Court, marked, No: HU/70/2010, demanding for damages.
The matter which was later moved to Etinan High Court presided by Honourable Justice Pius Idiong, in his judgment had ruled in favour of the ex-students.
Justice Idiong ruled that for the physical and emotional trauma which the said failure and omission of the state government and the college have caused the graduates as well as their invaluable and hard earned resources the college graduates (plaintiffs) are entitled to general damages.
The court consequently ordered the Akwa Ibom State Government to pay, One Million Naira, for every High National Diploma (ex-student) who successfully graduated and a statement or notification of result issued by the college.
The directed students who duly completed their programme and are entitled to Ordinary Diploma certificates, but were only issued statement or notification of result by the college should be paid N500,000 by the state government and another N200,000 for the lost of the action.
But on the January 4, 2018, the state government filed their notice and grounds of appeal at the Court of Appeal challenging the ruling of the lower court.
The records of appeal were subsequently transmitted to the court of appeal. However, the government failed to file their brief of argument within the time allowed by the rule of the appeal court.
The notice of appeal and the process of court of Appeal were served on the parties but state government only filed their brief of argument on the 31st of August 2018 after the mandatory grace period, prompting the counsel to the students to file a motion for the dismissal of the appeal for want.
On the 10th of October last year the state government filed their respondent and applicant brief Higher National Diploma graduate and N2.5 million for every Ordinary Diploma graduate of argument.
The matter comes up on Tuesday, 18th June, when the court will consider dismissing the appeal or granting the motion of extension of time filed by the state government.
Sequel to the state government to appeal against the judgment of Etinan High court, the ex-students also filed a cross appeal demanding the upwards review of the lower court award to N5 million for every graduate who successfully completed the programme and was issued statement or notification of result.
