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CaseLaw

Unilorin V. Olowodare (2006) CLR 7(f) (SC)

Brief

  • Institution of action
  • Concurrent findings
  • Fundamental rights

Facts

This is an appeal against the judgment of the Court of Appeal (hereinafter in the rest of this judgment referred to as "the Court below") sitting at Ilorin, Kwara State delivered on 24th day of June, 2002 wherein the Court below upheld the decision of Tsoho, J. of the Federal High Court, Ilorin delivered on 22nd day of November, 1999.

The claim of the Respondent before the trial Court was an application for enforcement of his Fundamental Rights on the expulsion order placed on him by the Appellants contending among other things:-

  • a
    That his expulsion from the Appellants' University (the 2nd Appellant being the Vice-Chancellor of the 1st) pursuant to an allegation of criminal offence of examination malpractice is unconstitutional, null and void.
  • b
    An order of mandatory injunction on the Respondent/Appellant or their privies, agents etc to forthwith allow Appellant/Respondent to continue with his academic career in the Appellants' institution without let or hindrance especially in the area of Registration, receiving lectures and writing examination etc, and
  • c
    An order of perpetual injunction restraining the Appellants, their agents, servants etc from taking any step(s) prejudicial to the smooth pursuit of the Applicant's/Respondent's academic career in the Appellant's Institution vide the suspension or other disciplinary measure save and except the guilt of the Applicant/Respondent has been conclusively established through the appropriate judicial forum.

The Applicant/Respondent, a student of the Appellant's University during the Harmattan Semester Examination conducted by the Appellants on 27th day of August, 1998, was caught while collecting a question paper meant for the examination during the examination itself in the examination hall from one Miss Sule Oluwatoyin Sandra, a fellow student of the Appellant who was also sitting for the same examination. The officer who was invigilating the examination and who caught the Respondent on the spot confronted the Respondent and requested him to make statement but the Respondent refused (see Exhibit "A" attached to the Counter-Affidavit especially paragraphs 7, 8, 9, 10, 11, 12 and 13 thereto) sworn to by the Respondent himself on 9/6/99 at page 36 of the Record of proceedings.

On the strength of this examination misconduct the Respondent was invited to appear before the Appellants' Student Disciplinary Committee (SDC for short) to defend himself on allegation of examination misconduct (vide Exhibit "B" at page 40 of the Record of proceedings. The Respondent appeared before the said SDC and after a thorough investigation and interrogation of the Respondent, the SDC found him (Respondent) to have committed examination misconduct and therefore recommended the expulsion of the Respondent from the Appellant's University and consequent upon which Exhibit "C" at page 41 of the Record of proceeding was issued to the Respondent.

Pursuant to the law establishing the 1st Appellant, to wit: Cap. 455 Laws of the Federation of Nigeria 1990 the Respondent was to appeal to the University Governing Council against the decision of the SDC recommending the expulsion of the Respondent from the 1st Appellant. However, the Respondent did not await the outcome of his appeal to the Governing Council of the 1st Appellant before rushing to Court to institute this action..

The trial Court and the Court of Appeal held that the Respondent's right to fair hearing was breached by the Appellant and that it was needless for the Respondent to appeal to the Appellant's Governing Council before instituting the action.

Issues

Whether the action/suit of the Respondent before the trial Court is competent, and...

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