STUDENT EXPULSION AND THE LAW

Abstract

This study examines student expulsion within the framework of Nigerian law, with particular emphasis on the balance between institutional disciplinary authority and the protection of students’ legal rights. The research reviews constitutional provisions, statutory instruments and common law principles governing expulsion in educational institutions. Key findings reveal that while schools possess legitimate powers to maintain order and safety, the exercise of such powers is frequently constrained by procedural and substantive fairness requirements, especially the right to fair hearing under Section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The study further finds that challenges such as inconsistent enforcement of rules, inadequate legal literacy among school administrators and limited alternative disciplinary measures often undermine lawful implementation of expulsion. In conclusion, the research affirms that expulsion should remain a measure of last resort, applied proportionately and in compliance with due process standards and child protection laws, including the Child Rights Act 2003. The study recommends strengthened legal training for school authorities, clearer statutory guidelines on disciplinary procedures and the adoption of rehabilitative alternatives to expulsion. These measures will promote fairness, accountability and sustainable discipline within Nigerian educational institutions