CaseLaw
Ukaegbu Vs. AG Imo State (1983) CLR 3(a) (SC)
Judgement delivered on March 30th 1988
Brief
Facts
The respondent in the Court of Appeal (hereinafter referred to simply as “the plaintiff”) alleges that the appellant in that Court (hereinafter referred to simply as "the defendant") was prior to the institution of these proceedings working towards es¬tablishing a private school or institution named the Imo Technical University, Ime¬rienwe (hereinafter referred to as the "Imerienwe University"); and the defendant admits this allegation. It is common ground between the parties to these proceed¬ings that some buildings were prior to this suit being erected at the site of the Imerienwe University; and that the defendant has already put out several advertisements in the daily newspapers calling for prospective students to apply for admission into the said university. It is also common ground between the parties that on or about the l4th March, 1981, the defendant caused necessary entrance examinations for prospective students of the said Imerienwe University to be conducted; and that pursuant to the said examinations arrangements were being made for an initial intake of about five hundred students. The defendant admits that on 1st April, 1981, he enrolled a number of successful students into the School of Basic Studies (a Post-secondary and higher institution of learning which, al¬though below the standard of a university, forms part of the said Imerienwe Univer¬sity). The defendant admits that he neither sought nor obtained approval of the Federal Government of Nigeria or of the Government of Imo State for the establishment of the Imerienwe University. Both parties admit that neither the National assembly nor the Imo State House of Assembly has passed any law establishing The Imerienwe University; and ft is also admitted by the defendant that he (the defendant) neither applied for, nor obtained the permission of the Imo State Commissioner for Education before embarking on the establishment of the said University which also comprises a section thereof known as the School of Basic Studies of the said University. Finally, it is common ground between the parties that the Imerienwe University is to be financed entirely from non-governmental sources.
In March, 1981, the plaintiff commenced the present suit in the High Court of Imo State claiming inter alia a number of declaratory reliefs and injunctions; The High Court found in favour of the plaintiff. The appellant appealed to the Court of Appeal which referred the above questions to the Supreme Court.