Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SANI
V.
PRESIDENT, F.R.N.

(2013) JELR 57862 (HC)    

High Court  ·  FHC/ABJ/CS/728/12 ·  8 May 2013 ·  Nigeria

Ratio Decidendi

Core Terms Beta
constitution of the federal republic of nigeria
african charter
court
students’ union activities
sections
fundamental right
public safety
fair hearing
counter-affidavit
fundamental rights
public morality
applicant’s motion
constitution of the federal republic nigeria
enforcement procedure
nigerian universities
peoples' rights
public interest litigation
written address
honourable court
public interest
constitution of the federal republic of nigerian
notice of preliminary objection
said provision of the act
act of the laws of the federation
affected unions
applicant barr
behalf of another person
class of persons
ekiti state
executive council of the proscribed union
federal high court
following reliefs
fundamental right of freedom of association
governing council
human right of freedom of association
independent national electoral commission
individual campuses of such universities
laws of the federation
ostensible ground
practice of the 1st respondent
practice of the 2nd respondent
practice of the respondents
public inter est
said practice of the 1st respondent
said practice of the 2nd respondent
said practice of the respondents
statement of issues
welcome public interest litigations

ADEMOLA J (Delivering the Lead Judgment):

Summary of facts

This is a motion on notice dated 16 November 2012, brought by the applicant Barr. Abubakar D. Sani, pursuant to paragraph 3(e)(iv) of the preamble and Order 11, rules 1-5 of the Fundamental Rights(Enforcement Procedure) Rules, 2009, sections 36, 40, and 31(3) of the Constitution of the Federal Republic Nigeria, 1999 as well as Articles 7, 10 and 17(1) of the African Charter on Human and Peoples'

Rights seeking the following reliefs:

A declaration that the practice of the respondents of restricting students’ union activities in Nigerian Universities and institutions of higher learning to individual campuses of such Universities or institutions is inconsistent with the Fundamental Right of Freedom of Association provided for under section 40 of the Constitution of the Federal Republic of Nigerian, 1999, as well as Article 10(1) of the African Charter on Human and Peoples' Rights. A declaration pursuant to section 315 (3)(d) of the…

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