TABAI, JSC (Delivering the Leading Judgment): This action was initiated at the Lagos Division of the High Court of Lagos State by way of a motion ex-parte filed on the 5th of October 1999. The applicant therein is the respondent in this appeal. The respondent therein is the appellant here. The application was brought under section 46(1) and (2) of the 1999 Constitution and Order 1 rules 2 and 3(1) of the Fundamental Rights Enforcement Procedure Rules, 1979. In the application, the respondent sought the leave of the court to bring an application for the enforcement of his fundamental right of fair hearing.
Leave was granted and pursuant thereto the respondent, on the 20th October, 1999, filed a motion on notice. The reliefs sought were:
"(i) A DECLARATION that the cancellation of the results obtained by the applicant in the May/June 1992 Senior School Certificate Examination by the respondent is illegal, unconstitutional null and void as same violates the applicant's right to fair hea…