Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FEDERAL UNIVERSITY OF TECHNOLOGY MINNA
V.
OLUTAYO

(2017) JELR 57737 (SC)    

Supreme Court  ·  SC.344/2009 ·  15 Dec 2017 ·  Nigeria
CORAM
MUSA DATTIJO MUHAMMAD JSC (Presided) CHIMA CENTUS NWEZE JSC EJEMBI EKO JSC (Read the Lead Judgment)

Ratio Decidendi

Core Terms Beta
section
respondent
appeal
jurisdiction
lower court
trial court
federal high court
fair hearing
fundamental rights
high court
state high court
constitution of the federal republic of nigeria
enforcement procedure
lead judgment
exhibit e
court of appeal
high court of niger state
right of appeal
admitted facts
alleged examination misconduct
eko jsc
federal government agency
federal universities of technology act
first semester examination
fundamental right
laws of the federation of nigeria
learned justices of the court of appeal
1st appellant
administrative action
answer sheets
appellants’ counsel
cause of action of the respondent
contention of the appellants
counter-affidavit joining issues
decision of the senate
enforcement of her right
exclusion of the niger state high court
fundamental question
high court of borno state
judicial service commission
katsina-alu jsc
matter of the expulsion of the respondent
particulars of the allegation
quasi-judicial
reconsideration of her expulsion
regard stems
rights of appeal
said constitution
sdc hearing
student of the federal university of technology

EKO JSC: (Delivering the Lead Judgment): The respondent was, at all times material to this appeal, a student of the Federal University of Technology, Minna, particularly in the Department of Agric Engineering within the School of Science and Engineering Technology. In May 2004, she sat, as she claims, for the 2003/ 2004 First Semester Examination in Chem.III. She claims also that before the examination, she signed-in, and later signed-out after the examination. The custom is that no student must leave the examination hall, after the examination, until he had duly submitted his answer sheets, and had mandatorily signed-out. The results of the said first semester examination were later released and pasted at the notice board. The result posted showed clearly, that the respondent got 37 marks for Chem.III. That result was later withdrawn from the notice board, and replaced with another result which showed and suggested that she was absent and did not write Chem.III examination. The res…

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