The Bauchi State High Court Number Seven presided over by Justice Lamido Kabir Umar has dissmissed a motion asking it to strike out the second defendant’s name in defamation of character suit filed by a lecturer with the Abubakar Tafawa Balewa University (ATBU), Dr Usman Mohammed Aliyu.
The lecturer filed his suit against the Head of Department Chemical Engineering of ATBU Professor Kabiru and student Kamila Rufa’i Aliyu as first and second respondents.
Counsel to Kamila Rufa’i , Barrister Sani Mohammed prayed the court to strike out the name of Kamila, arguing that “Having filed that case we filed an application to strike out her name because they did not disclose the course of action against her.”
“We want Kamilah Rufai’s name to be struck out because they didn’t not specifically say any offence she has committed.
“”The course of action as per the rate of summon is for defamation of character that the petition she had written to the Vice Chancellor was posted on a whatsapp group of postgraduate lecturers or something like that.
“In the whole of the process there was nowhere it was particularly stated that on a particular day that she participated or she was the one who posted that thing . He who asserts must prove on law. If there is no course of action against you, you can apply for your name to be strike out and that is exactly what we came to the court to do which we have applied to the court since November 2024”
But counsel to the complainant Nasiru Ilelah objected the removal of the name of Kamila from the defamation case because the defamation emanated from the petition she wrote.
In his ruling which was communicated to the complainant and defense counsels by the court regustrer, Justice Lamido said “the court having carefully scrutinised both issues and the affidavit evidence of claimant particularly paragraph 9 ,10, 11and order 5 of the Bauchi State High Court rule disclose a cause of action against the second defendant,there fore the court dissmiss the motion”
Justice Lamido said any party not satisfied with the ruling has a right of appeal within 90 days
He adjourned the suit for hearing..
Kamila Rufa’i’s husband Alhaji Ja’afaru Buba had sent a petition to the authorities of the ATBU University to investigate the conduct of Dr Aliyu of the Department of Chemical Engineering for alleged sexual harassment of his wife who refused to have illicit affairs with him.
Buba’s lawyers copied Head of Department Chemical Engineering Department, A.T.B.U. Bauchi and Resident Anti-Corruption Commissioner, Independent Currupt Practices ICPC. Bauchi, Office.
He said when they filed their petition the University Management pledged to investigate and do justice to it, but in a twist the embattled lecturer filed a suit before Bauchi State High court and alleged defamation.
the petition file by the complainant his Chief Counsel Barrister Mohammed Sani Esq said “We hereby forward this complaint to you for and behalf of our client, Camila Rufa’i Aliyu of Chemical Engineering Department, Abubakar Tafawa Balewa University, Bauchi against Dr. Usman Mohammed Aliyu, a lecturer in the Department of Chemical Engineering”.
“That our client is an M.Eng. Chemical Engineering Student of the University, wherein Dr. Usman Mohammed Aliyu taught her CHE 635 (polymer processing and its application) and now teaching her, CHE 656(Fluidization).
“However, it’s in view of the student, lecturer relationship, the said Dr. Usman Mohammed Aliyu took advantage of harassing our client sexually. At several time and without lawful justification invited her to his office and also sending her unbecoming love messages through Whatsapp despite knowing that our client is a married woman. It’s petinent for you to know that our client did not honour any of his invitation.
“That, due to the resistance of our client. the said Dr. Usman Mohammed Aliyu informed our client’s friends that he will fail her in the examination as she will not graduate as an M.Eng. Student from the University.
“He also on personal basis informed our client same threat because of her resistance to have sex with him”, Counsel to the petitioner alleged “that the conduct of Dr. Usman Mohammed Aliyu is against the University Laws and conditions of service”. He urged the varsity management of ATBU to conduct discrete investigation in this matter and sanction Dr. Usman Mohammed Aliyu in accordance with the university law and condition of service in order to serve as deterrence to other lecturers.
Barrister Sani attached the alleged Whatsapp chat/conversation of Dr. Usman Mohammed Aliyu and their client as proof of their complaint for consideration and necessary action
