(1998) JELR 43906 (CA)    

Court of Appeal  ·  CA/E/94/96 ·  9 Dec 1998 ·  Nigeria
Other Citations
N.A.U. v. Nwafor (1999) 1 NWLR (Pt. 585) 116
JUSTIN THOMPSON JAKPABIO Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
fundamental rights
examination malpractice
examination committee
grounds of appeal
question paper
court of law
fourth appellant
miscellaneous offences
sufficient evidence
trial court
cross appellant
facts of the case
senate of the university
briefs of argument
criminal procedure code
cross appeal
procedure of this court
submission of the learned counsel
support of the application
5th-8th appellants
allegation of examination malpractices
argument of the respective counsel
criminal procedure code of anambra state
cross-appellant produce
decision of the trial court
exhibit d of the counter-affidavit
faculty of law of the nnamdi azikiwe university
federal high court of nigeria
following cases
ground of insufficiency of evidence
grounds of his application
issue of such infringement
leading judgment
new set of disciplinary measures
notice of appeal
provisions of the constitution
respect of the cross-appeal
respondent leave
rules of court
singular act

SALAMI, J.C.A. (Delivering the Leading Judgment): In the Federal High Court of Nigeria, in Enugu Judicial Division sitting in Enugu, the applicant applied ex parte for and obtained leave to enforce his fundamental rights against the appellants on 30th day or January, 1995. Consequent upon the order granting respondent leave to enforce his fundamental rights, the respondent filed a motion on notice, statement or grounds of his application supported by an affidavit to which were attached Exhibits A. B, C, D and E. Thereafter the fourth appellant deposed to, on behalf of all the appellants, a counter-affidavit in opposition to the respondent's affidavit. The learned trial Judge. Kassim, J., took argument of the respective counsel and on 3rd August 1995 in a reserved and considered judgment acceded to the respondent's reliefs. The suspension order clamped on respondent, suspending him from classes, was set aside and he was reinstated to pursue his academic work in the Faculty of Law of th…

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