MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This appeal stemmed from the decision of Federal High Court Enugu Judicial Division in suit No. FHC/EN/CS/214/2006, delivered on Wednesday the 4th day of March 2009 by His Lordship, Hon. Justice A. Abdu-Kafarati.
The Appellant as Plaintiff commenced the present action in the court below on 20/12/06 by way of originating summons against the Respondent.
The sole question for determination in the originating summons is:
"Whether having regard to the provisions of the 1999 constitution of the Federal Republic of Nigeria and in purview of Exhibit A, and B, the Defendant has any iota of right to issue Exhibit 'c' without the name of Richmond Open University, a tort against the Plaintiff and those whose interest he represents".
The Appellant as Plaintiff sought the following reliefs:
(a) An order of Declaration that the Defendant's act of issuing Exhibit 'C' without the name of Richmond Open University is unconstitutional, ill…