(2012) JELR 49287 (CA)    

Court of Appeal  ·  CA/I/226/08 ·  30 Nov 2012 ·  Nigeria
MONICA B. DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
fair hearing
academic institution
lower court
first issue
fundamental rights
alleged examination malpractice
appellate court landmark cases
circumstances of this case
disciplinary panel
enforcement procedure
fellow student
governor of gongola state vol.3
humble opinion
joseph shagbaor ikyegh
order of court
ordinary national diploma certificate
principal reliefs
second issue
allegations of examination malpractice
breaches of discipline
breach of procedural requirements of brief writing
brief of argument
cases of university of ilorin v
chapter iv of the constitution of the federal republic
decision of the appellants
fundamental right
fundamental rights enforcement procedure
fundamental rights enforcement rules
grounds of denial of fair hearing
military governor
monica b. dongban-mensem
oyo state
panel of the academic board of the 1st appellant
proper composition of the action
question of alleged denial of fair hearing
relevant facts of the dispute
ruling of the high court of justice
said admission
sake of extra caution
second panel of the academic board
student of the 1st appellant

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal emerged from a Ruling of the High Court of Justice of Oyo State sitting at Ibadan (the court below). The proceedings behind the appeal were anchored on the Fundamental Rights (Enforcement Procedure) Rules, 1979. The court below found for the respondents that the appellants had infringed her fundamental right to fair hearing. It also found that the appellants had no jurisdiction to discipline the respondent for alleged examination malpractice. Flowing from the said double - barrel findings, the court below declared the decision of the appellants to withhold the Ordinary National Diploma certificate of the respondent null and void and of no effect. It concluded its Ruling by directing the appellants to release the Ordinary National Diploma certificate (OND) of the respondent to her forthwith.

The relevant facts of the dispute between the appellants and the respondent may be stated in a nutshell as follows. The …

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login