ESIAGA
V.
UNIVERSITY OF CALABAR & ORS.

(2004) JELR 45002 (SC)    

Supreme Court  ·  SC.52/1999 ·  2 Apr 2004 ·  Nigeria
 · 
Other Citations
(2004) 18 NSCQR 1
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
case
university of maiduguri
criminal offence
university authority
leading judgment
university of calabar
court of appeal
learned counsel
vice-chancellor
disciplinary committee
secret society
circumstances of the case
complaint of the appellant
disciplinary board
enforcement of his fundamental rights
letter of suspension
provisions of section
reasonable time
university authority act
university campus
act of suspension
administrative importance
calabar high court division
consideration of the ramnifications of the case
court of 1st instance
criminal offences
detailed factual analysis of the backgrounds of the case
dictates of fair hearing
disciplinary acts
final year student
good faith
great deal of elemental factors
high court
indefinite suspension order of the applicant
judicial decision
law of the land
leading judgment niki tobi
losing party
nuances of the case
proceedings of the said committee
quasi-judicial
release of his examination results
said judgment
speaker of the students
submissions of the learned counsel
system of fair administrative procedure
union parliament of the university of calabar
university vice-chancellor

PATS ACHOLONU, J.S.C. (Delivering the Leading Judgment):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 c…

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