THE BRANCH CONTROLLER WAEC, ILORIN & ANOR
V.
ALADE & ORS

(2011) JELR 46069 (CA)    

Court of Appeal  ·  CA/IL/3/2011 ·  18 Nov 2011 ·  Nigeria
CORAM
TIJJANI ABDULLAHI (PJ) Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellants
3rd respondents
1st respondent
2nd appellant
waec act
annexures waec
public officers
first issue
issues
notice of appeal
second issue
suo motu
west african senior school certificate
agency of the federal government
federal high court
laws of the federation
affidavit evidence
kwara state
west african examinations council act
judicial service commission
jurisdiction of the court
laws of the federation of nigeria
2nd respondent
constitution of the federal republic of nigeria
joint brief of argument
wrongful act
agent of the appellants
authorized act of the appellants
autonomous body
cases of adeyemi v
cases of national bank of nigeria ltd
correct passport photograph of the 1st respondent
decision of the high court of justice
educational objectives of the federal government
egbe v. alhaji
ezenkwe v. anadozie
federal agencies
final decision of the court
interlocutory ruling of the court
issue number
issue of the relationship
kwara state government v
member states of the 2nd appellant
persons unknown
submission vide ekeagwulu v
suit of the claimant
trial kwara high court
university of abuja v. ologe

JOSEPH SHAGBAOR IKYEGH, J.C.A (Delivering the Leading Judgment): The appeal is from the decision of the High Court of Justice of Kwara State holding at Ilorin (the court below) challenging both interlocutory ruling of the court below overruling the appellants' objections to the jurisdiction of the court below over them as federal agencies suable only in the Federal High Court and entitled to the defence under the Public Officers (Protection) Act (CAP. p.41) Laws of the Federation, 2004, and the final decision of the court below declaring the appellants negligent and ordering them to issue another West African senior school certificate bearing the correct passport photograph of the 1st respondent to the 1st respondent.

Put concisely, the 1st respondent sat for the West African Senior School certificate examination conducted by the appellants while he was a student under the 2nd and 3rd respondents. At the end of the marking of the examination, the appellants issued the 1st respondent w…

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