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UNILORIN & ANOR
V.
OLUWADARE

(2006) JELR 35628 (SC)

Supreme Court 14 Jul 2006 Nigeria
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- This case is an appeal against a judgment of the Court of Appeal upholding the decision of the Federal High Court. - The respondent, a student of the appellant's university, was expelled for examination malpractice. - The respondent filed

Case Details

Suit Number:SC.165/2003
Judges:SYLVESTER ONU JSC UMARU ATU KALGO JSC MAHMUD MOHAMMED JSC IKECHI FRANCIS OGBUAGU JSC FRANCIS FEDODE TABAI JSC
Counsel:Chief Olatunji Arosanyin For the Appellant; Waheed Gbadamosi, Esq., For the Respondent.
Other Citations:UNIVERSITY OF ILORIN V. OLUWADARE (2006) 6-7 S.C. 154 (2006) 14 NWLR (Pt. 1000) 751

S.U. ONU, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal (hereinafter in the rest of this judgment referred to as "the court below") sitting at Ilorin, Kwara State delivered on 24th day of June, 2002, wherein the court below upheld the decision of Tsoho, J., of the Federal High Court, Ilorin delivered on 22nd day of November, 1999.

The claim of the respondent before the trial court was an application for enforcement of his Fundamental rights on the expulsion order placed on him by the appellants contending among other things"-

"(1) That his expulsion from the appellants' University (the 2nd appellant being the Vice-Chancellor of the 1st) pursuant to an allegation of criminal offence of examination malpractice is unconstitutional, null and void.

(b) An order of mandatory injunction on the respondent/appellant or their privies, agents etc to forthwith allow appellant/respondent to continue with his academic career in the appellants'…

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