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FEDERAL UNIVERSITY OF TECHNOLOGY, YOLA
V.
FUTULESS

(2004) JELR 47171 (CA)

Court of Appeal 22 Apr 2004 Nigeria
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Case Details

Suit Number:CA/J/2/97
Judges:OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Court of Appeal of Nigeria
Counsel:Chief Chief L. D. Nzadon For Appellant Respondent not represented For Respondent
Other Citations:FUTECH, Yola v. Futuless (2005) 12 NWLR (Pt.938)175, (2005) 12 NWLR (Pt. 938) 175

OBADINA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Adamawa State sitting in Yola contained in the judgment of Adamu Buba Mubi, J. dated 24th of April, 1996. At the trial court, the appellant was the respondent while the respondent herein was the applicant.

The facts that led to this appeal are briefly as follows:

The respondent as applicant at the trial court applied to the state High Court for enforcement of his fundamental rights and claimed therein inter alia, for:

"(a) A declaration that the applicant having been accused of committing a criminal offence to wit: examination malpractice, only a court of law or appropriate miscellaneous offences tribunal can try him in respect of the alleged offence.

(b) A declaration that neither the senate of the respondent nor any committee set up by the respondent is competent to determine whether the applicant has committed (sic) the offence of examination malpractice or not.

(c) A de…

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