Africa-Press – Liberia. The 9th Judicial Circuit Court in Bong County under the gavel of Resident Circuit Judge, His Honor Cllr. J. Boima Kontoe has held the Cuttington University liable for illegal suspension of Student Oshel Poneys without according the student the right to due process of law before his suspension.
Student Poneys on May 15, 2025 through his legal representatives Cllr. Lawrence Sua and Atty. Samwar S. Fallah filed a ten (10) count Petition for Declaratory Judgment asserting inter alia that the Petitioner is a legitimate student of the Cuttington University who enrolled at the University in the year 2021 and was assigned ID number 2210097 and is a current senior student of the University who was wrongfully suspended from all school activities by the Administration for two consecutive semesters.
The Petitioner told that Court in the Petition that Student Poneys was suspended allegedly for bullying a female student of the University on the social media and without any form of investigation, the Cuttington University proceeded to suspend the student.
In a letter of suspension dated April 16, 2025, Cuttington University through the suspension letter under the signature of Dwight M. Harvey, Director of Student Affairs and approved by Dr. Amanze Charles Ihedioha, Vice President for Administration and Records illegally and unlawfully suspended Student Poney stating that the student violated the Cuttington University Student Handbook.
The Petitioner further that following the suspension, the Petitioner in an effort to exhaust the administrative remedy wrote a letter to Respondent on May 6, 2025 challenging the Letter of Suspension for failure to accord him due process as required by law and at the same time denying any wronging and requesting the University to review the Letter of Suspension and further requesting the University to grant him due process.
Petitioner indicated in the Petition that the female student whom the University claimed was bullied by Petitioner knowing that the allegation against Petitioner was untrue wrote an apology communication to petitioner stating that the action University against Petitioner was not based on any complaint from her.
Following the filing of the Petition for Declaratory Judgment, Cuttington University did not file a Resistance to the Petition within the period of ten (10) days as provided by the Civil Procedure Law of Law, as such the Cuttington University was placed on bare denial by the Court. Bare denial is where a party fails to file a response to complaint filed against that party ten days after receiving the Writ of Summons, in such case the party placed on bare denial is estopped from providing further evidence at trial which the party did not provide within the period of ten days upon receipt of the complaint against that party.
The Petitioner produced its witnesses including Student Poneys, Ebee Kollie and others who all took the witness stand and testified to the suspension of the student and efforts made with Cuttington University to resolve the matter but to no avail.
After the hearing, the Presiding Judge in his ruling indicated that Declaratory Judgment will lie against Cuttington University for the wrongful and illegal suspension of Student Poneys.
In his final ruling His Honor Judge Kontoe stated “Cuttington University is hereby adjudged liable and the suspension of the Petitioner, student Oshel Poneys by the Cuttington University is illegal and as such, Cuttington is hereby ordered to restore the rights of the Petitioner as a student of Cuttington University for academic year 2024/2025 and bring him back to his status prior to his illegal suspension as though he was never suspended”.
The Judge also mandated Cuttington University to ensure that the student also sit the final exam so as to enable him obtain grades for courses that he has earlier registered.
Stated the ruling “Petitioner’s Petition for Declaratory Judgment is hereby granted, Costs of these proceedings ruled against the Respondent”.
A bill of Cost prepared by the Petitioner and the Court, signed by the Resident Judge shows that Cuttington University is liable to pay an amount of eighteen thousand three hundred and sixty one (US$18,361) in damages, cost of court and other fees.
Lawyers representing Cuttington University did not announce an appeal against the final ruling of the Circuit Judge as such the ruling is final.
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