The gist of the applicant’s case is that the respondents refused to swear him as the President of its Students Union even though he had won an election from which he emerged as the winner. In spite of that he championed the reduction of school fees, which was increased in January 1997 and this led to his harassment and intimidation by the respondents. There was an allegation of possession of firearms against a student, which was reported to the Divisional Police Officer, which led to the arrest of some students. When the applicant got to the police station to effect the release of the students he was beaten by one Lukman Afolabi the ex-Commandant of the Man ‘O’ War and his team. On 19/3/97 the students held a congress and resolved the disbanding of these groups, and in furtherance of this the applicant wrote two letters to the 2nd respondent. Consequently the 2nd respondent suspended the applicant from the 1st respondent orally, and this was followed with a letter of suspension without being heard.

A counter affidavit was filed by the respondent, and a reply to the counter-affidavit was filed by the applicant, and all had annexures. The application was heard but at the end of the day the prayers in it were refused by Bada J who concluded the ruling thus: -

“Consequently, on the totality of the affidavit evidence presented before the court and in view of the foregoing, I have no hesitation in holding that the indefinite suspension of the applicant from Osun State Polytechnic Iree as contained in Exhibit ‘D’ is lawful. Therefore legs 1 to 5 of the application are refused and the entire application is hereby dismissed”.

The applicant was dissatisfied with the dismissal and appealed