CaseLaw
Rev. Alli V. NUC (2018) CLR 4(b) (SC)
Judgement delivered on 20th April, 2018
Brief
Facts
The 1st respondent was a student of the 2nd respondent (a University). The said first respondent commenced an action by way of originating summons, against the appellant in the Federal High Court of Oyo State seeking the determination of the following questions: Whether the appellant has power to declare the Faculty of Law, Lead City University, Oyo State and its law programme illegal, unapproved and unrecognised as impliedly done in its advertorial in The Nation Newspaper of October 12, 2009, same having been approved, recognised and licensed by the Federal Government;
Whether the appellant has the power in view of the provisions of sections 10 and 11 of the Education (National Minimum Standard and Establishment of Institutions) Act to declare invalid the accreditation of the law programme;
Whether the NUC Act and the Education (National Minimum Standards and Establishment of Institution) Act, 2004, predicate the performance of the functions of the appellant on the presence, control, direction, dictation and/or supervision of another statutory body in this case the Council of Legal Education and Whether the appellant is not estopped in law to declare the law programme of the Lead City University, Oyo State, illegal, Unapproved and unrecognised.
The first respondent sought reliefs to the effect that the appellant had no power to disapprove the law programme of the University. Likewise, he sought orders compelling the appellant to include the Faculty of Law, Lead City University, Oyo State in the list of approved Faculties of Law of Nigerian Universities.
The trial court granted the claims sought.
Appellant filed an appeal at the Court of Appeal. The respondents filed preliminary objection to the appeal.
Issues
Whether the application is not a gross abuse of the processes of this Court and if...