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MAGIT
V.
UNIVERSITY OF AGRICULTURE, MAKURDI & ORS

(2005) JELR 49544 (SC)    

Supreme Court  ·  SC.416/2001 ·  16 Dec 2005 ·  Nigeria
 · 
Other Citations
Magit v. University of Agric., Makurdi (2005) 19 NWLR (pt.959)211
Magit v. University of Agric., Makurdi (2005) 19 NWLR (Pt. 959) 211
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
senate of the university
benue state high court
learned trial judge
acceptable thesis
court of appeal
said thesis
award of m.sc
1st respondent
powers of the senate of the university
facts of the case
fair hearing
fundamental right of the applicant
acting dean of students
2nd respondent
formulation of their issues
inter alia
result of the report
following issues
property of the university
supreme court act
leading judgment
high court
said decision
following reliefs
circumstances of this case
brief of argument
external examiner of the appellant
unacademic means
said decision of the university of agriculture
academic session
award of degrees
internal examiner
learned counsel
fundamental human rights
case
masters degree programme
respondents
appellant
dean of post graduate school
instant appeal
supreme court
senate of the 1st respondent
appeal
breach of the rules of natural justice
breach of the university of agriculture decree no.
learned justices of the court of appeal
thesis of the applicant

OGBUAGU, JSC (Delivering the Leading Judgment): The case leading to this appeal, commenced at the Benue State High Court sitting at Makurdi under the Fundamental Human Rights (Enforcement Procedure) Rules, 1979 wherein, the appellant sought leave to apply for a judicial review, to wit: Orders of Certiorari, Mandamus and Prohibition against the respondents. The case was canvassed on affidavit evidence and at the end, the learned trial Judge, - Ahura, J. in his ruling dated 16th June, 2000, dismissed the application. The appellant's appeal to the Court of Appeal (herein called "the court below"), was dismissed hence the instant appeal.

The facts of the case briefly stated, are that the appellant in the 1993/1994 academic session, was admitted by the 1st respondent, to do an M.Sc. degree in Agricultural Economics. As part of the M.Sc. programme, the appellant was required to write/submit an acceptable thesis. A topic for the thesis was chosen and duly approved. The degree awarding author…

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