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MAGIT
V.
UNIVERSITY OF AGRICULTURE, MAKURDI & ORS

(2005) JELR 49544 (SC)

Supreme Court 16 Dec 2005 Nigeria
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- The appellant, a postgraduate student at the University of Agriculture, Makurdi, sought judicial review (certiorari, mandamus, prohibition) after the University’s Senate rejected his corrected M.Sc. thesis for “unacademic means” and “acad

Case Details

Suit Number:SC.416/2001
Judges: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
Counsel:J. S. Okutepa, Esq. For Appellant Chief Adejo A. Ogiri, - (with him, Owucho A. Ogiri, Esq.) For Respondent
Other Citations:Magit v. University of Agric., Makurdi (2005) 19 NWLR (pt.959)211

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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