Ratio DecidendiRatio DecidendiRatio Decidendi


(2008) JELR 49485 (SC)    

Supreme Court  ·  SC.337/2002 ·  11 Apr 2008 ·  Nigeria
Other Citations
W.A.E.C. v. Akinkunmi (2008) 9 NWLR (Pt.1091) 151 S.C. (2008) 4 S.C. 1 (2008) 4 S.C. 1
W.A.E.C. v. Akinkunmi (2008) 9 NWLR (Pt. 1091) 151
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
fundamental rights
trial court
african charter
fair hearing
cancellation of the respondent
constitution of the federal republic of nigeria
senior school certificate examinations
cancellation of the results
high court
laws of the federation of nigeria
leading judgment
main claim
said results
senior school certificate examination
admission office of university of ilorin
grounds of appeal
june senior school certificate examinations
public policy considerations
second issue
case of examination malpractice
constitutional issue
contractual relationship
decision of the respondent
enforcement of his fundamental right of fair hearing
examination malpractices
external candidate
final year students
following submissions
fundamental rights enforcement procedure
fundamental rights enforcement procedure rules
guiding principles
laws of the federation
learned trial judge
leave of the court
mere fact of a declaratory relief
obvious reason
paragraph counter affidavit
paragraph statements of facts
respondent claims
results of any candidate
status of the respondent
view of the fact
writing of the senior school certificate examinations

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…

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