OLUTAYO
V.
FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA

(2007) JELR 47206 (CA)

Court of Appeal 3 Jul 2007 Nigeria
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- This case involves an appeal from the decision of the Niger State High Court regarding the breach of the appellant's fundamental right to fair hearing resulting from her expulsion from the Federal University of Technology, Minna. - The ap

Case Details

Suit Number:CA/A/136/06
Judges:OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria
Counsel:Ibrahim Isyaku, SAN (with him, U. E. Agwulo) For Appellant Mohammed Danjuma For Respondent
Other Citations:OLUTAYO V. F.U.T.,MINNA (2007) 13 NWLR (Pt.1051) 274 C.A.

ABOKI, JCA (Delivering the Leading Judgment): This is an appeal from the decision of the Niger State High Court No.5 Minna delivered on 19/6/2006 by Maria Sanda-Zukogi J.

The suit at the lower court relates to the breach of appellant's fundamental right to fair hearing resulting from her expulsion from Federal University of Technology, Minna (1st respondent). The suit was brought under Order 2 rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 1979. The applicant prayed for the following reliefs:

"(1) An order declaring applicant's suspension and subsequent expulsion as being in breach of her constitutional right to fair hearing and are therefore, null and void and of no effect.

(2) An order directing the respondent to within 7 days of the order of the court serve on the applicant:

(a) a letter withdrawing the purported letter of expulsion of the applicant from the Federal University of Technology, Minna;

(b) a letter recalling her to the Federal University of Technology,…

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