(2002) JELR 44735 (CA)    

Court of Appeal  ·  CA/IL/33/2001 ·  24 Jun 2002 ·  Nigeria
Other Citations
UniIlorin v. Oluwadare [2003] 3 NWLR(Pt.808)557
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Core Terms Beta
university of ilorin act
university council
learned counsel
court of law
criminal offence
disciplinary committee
fair hearing
vice chancellor
grounds of appeal
leading judgment
respondent university
supreme court
university of ilorin
1st appellant
2nd appellant
learned trial judge
above ruling
act of misconduct
allegation of criminal offence of examination malpractice
allegation of misconduct
better appreciation of the submissions of the learned counsel
case of dr. tunde bamgboye v
chief executive
circumstances of this case
constitutional tribunal
decision of the committee
expulsion of the applicant
federal high court
following reliefs
following wordings of section
ilorin division of the court
laws of nigeria
matter of internal discipline
order enforcing
order of expulsion
provision of this section
ruling of the federal high court of nigeria
said federal high court
student of the department of economics
students disciplinary committee
submissions of counsel
university teachers
view of the learned counsel
word misconduct

AMAIZU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court of Nigeria, holden at the Ilorin Division of the Court. The ruling was delivered on Monday, the 22nd day of November, 1999.

The facts which led to this appeal so far as they are material to the question which calls for our determination are -

The 1st appellant, the University of Ilorin is a statutory body set up by the University of Ilorin Act, Cap. 455 of the Laws of Nigeria to, among other things encourage the advancement of learning. The 2nd appellant, the Vice-Chancellor, is the Chief Executive in the Institution. The respondent, before his expulsion, was a student of the Department of Economics.

On the 27th August, 1998, the respondent sat for ECN 301 (Micro Economics) examination.

The examination was conducted by the 1st appellant. In the course of the examination, one of the invigilators caught the respondent trying to cheat. The invigilator immediately, on the spot,…

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