The Appellant in this case was a final year student in the Department of Political Science in the University of Calabar, as well as being the Speaker of the Students Union Parliament of the University of Calabar, and at one time the President of the Political Science Students Association of the University. He had instituted an action in Calabar High Court Division praying the Court for an order for the enforcement of his fundamental Rights as provided in the 1979 Constitution, the matter having been commenced sometime in 1991.

The grouse or the complaint of the Appellant was that the Respondents representing the University Authority had illegally suspended him on the ground that they discovered certain incriminating materials in his possession and obviously in his control in a room which he shared with some other students. The discovery of the alleged incriminating materials led the University to suspend him indefinitely as he complained, as the authority strongly felt that these items constituted exfacie evidence of cult membership. He stated that the action of the authority was borne out of malice more especially as the security people who searched the room did not allow themselves to be searched.

In the affidavit in support of his application he averred that his relationship with the University Authority was far from being cordial as he was accused of championing the disturbances in the Institution. He further said that he was surprised to see a Vikings Confraternity insignia, a shot gun cartridge, and a History text book said to have been found in his possession in the course of the search which led to his suspension. Consequently, on this he applied for the enforcement of his fundamental rights and

The Respondents in this action in their opposing affidavit to what was averred by the Appellant in the High Court deposed amongst other facts stated therein that;