Court Orders Reopening Of Tertiary Institutions In Southern Kaduna

A High Court sitting in Kafanchan has ordered for the immediate reopening of tertiary institutions that were closed by the Kaduna State government in Southern part of the State.
Elanza News report that the Kafanchan campus of Kaduna State University (KASU), College of Nursing, Kafanchan and the State College of Education with campuses in Gidan Waya and Kafanchan were closed by the el-Rufai’s led government over what it described as security concern.
All the schools remain closed since last year.
There have been series of protests by the students and civil society groups including Southern Kaduna Youth and Student Forum (SKYSFOM), over the closure of the institutions in Southern Kaduna.

Southern Kaduna Youth and Students officials during a press conference in Kafanchan concerning the closure of the schools in July, 2017
Southern Kaduna Youth and Students officials during a press conference in Kafanchan concerning the closure of the schools in July, 2017

Many people have raised concern over the continue closure of the schools in Southern Kaduna when students in the North East are attending lectures despite the Boko Haram crisis.
SKYFOM also reported Kaduna State governor, Malam Nasir el-Rufai to the National Human Right Commission (NHRC), over what it described as the government insensitivity to the student’s educational right.
Specifically, the students said their schools are closed in Southern Kaduna but markets, Primary, Secondary, Private institutions and other government establishments are operating without problem.
The government through the commissioner of Education, Prof Jonathan Andrew Nok while reacting to the protests and condemnation over the closure of the schools, said the tertiary institutions will be reopen in July, 2017.
The government could not honour it’s words, it was gathered.
CEDRA, a civil society group based in Northern Nigeria and the Southern Kaduna Lawyers Forum had took the state government to court, challenging the continue closure of the schools.
But delivering judgement on the matter today Wednesday, 16 August, 2017, Hon Justice Luka Abba of the Kafachan High Court ordered for the immediate reopening of the schools located in Southern Kaduna.

In an almost 3Hours Ruling at the High Court 1 Kafanchan today 16th August 2017, the High Court Judge Hon. Justice Luka Abba in a carefully dialectical dissection of issues joined by the Legal Team of the Southern Kaduna Lawyers Forum ably led by J. A. Kanyip, Esq, assisted by Samson Bemu, Esq, Gloria Ballason Esq, with D. D. Tabakwot, Esq and Counsel to the State led by H. D. Bijimi, Esq.

In the Matter of CEDRA v. The Governor of Kaduna State & Ors. A land mark decision has been laid by the High Court, where the court held among other things that where a breach of Public Duty under chapter 2 of our constitution infringes on the right of citizens under chapter 4, such breach becomes justiciable. Hence the primary failure of the Government to provide security for its people especially students in campuses of higher institutions of Learning in Kafanchan (which was the rationale behind their ridiculous closure for over 8 months) which in turn translates to a breach of the fundamental right to freedom from discrimination of students in the said campuses of higher learning as provided in Section 42 of the Constitution of the Federal Republic of Nigeria 1999(As Amended) and Article 17(1) of the African Charter on Human and Peoples Right which provides for The Right To Education has been upheld.

Consequently, the Government has been Ordered to reopen the Campuses of the said schools forthwith.
The Hon. Judge applauded the Legal combatants on all sides of the divide for their industry and witty legal thought, he appraised Counsel to the State H. D. Bijimi for his dogged efforts, whose spirited fight is rarely found coming from his Domain.

A victory for the students of Kaduna State University ,a victory for the students of the Kaduna State College of Education Gidan Waya, a victory for the students of Kaduna State College of Nursing and Midwifery and the people of Kaduna state in general!

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