University Of Ilorin V Stephen Olanrewaju Akinola (2014)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

The Appellant herein was the Defendant at the Federal High Court, Ilorin in Suit No. FHC/IL/53/2004 and the Appellant in the Court of Appeal in the appeal NO. CA/IL/53/2006.

This appeal is against the decision of the Ilorin Division of the Court of Appeal also herein after referred to as the Court below or Lower Court, which judgment was delivered on the 8th day of June, 2007 upholding the decision of the trial High Court.

FACTS BRIEFLY STATED:

The facts relevant for this appeal are stated hereunder thus:-

The facts of the case as can be gathered from the record of proceedings are that: The Plaintiff is a student of the University of Ilorin. He was admitted into the University in 1995 to study Statistics. His Matriculation No. is 95/043061.

The Defendant is a University created and funded at public expense by the Federal Government of Nigeria and incorporated by and in the University of Ilorin Act Cap. 455 of the Laws of the Federation of Nigeria, 1990. The Plaintiff/Respondent undertook a course of study for the award of a B.Sc. Degree in Statistics with the Defendant/Appellant between the year 1995 and the first quarter of the year 1999. In the course of his studentship with the Defendant/Appellant, he also partook of student unionism as a result of which he had a problem with the Appellant which led to a legal dispute in an earlier Suit NO. FHC/IL/M.17/98 which ended in his favour.

The Defendant/Appellant refused to obey the judgment in the said suit for which reason the Plaintiff/Respondent commenced contempt proceedings against the Defendant/Appellant which then lodged an appeal against the said Judgment. Both contempt proceedings and the appeal were still pending when the Defendant’s visitor, the President of the Federal Republic of Nigeria set up a committee known as the “Resolution Committee on Politically Victimized and Rusticated Students” headed by a Special Adviser to the President on Education, Chief S.K. Babalola, to mediate and conciliate the parties.

The parties presented their case to the Presidential Committee and terms of settlement were agreed upon by which the Defendant agreed to pardon the Plaintiff/Respondent for whatever wrongs he was alleged to have committed subject to his fulfilling certain spelt out conditions. The Plaintiff/Respondent fulfilled the conditions set for his pardon, withdrew his contempt proceedings in Suit No. FHC/IL/M.17/98; and the Defendant/Appellant on the other hand notified the Plaintiff/Respondent of his pardon which was announced to the University Community, and abandoned its appeal against the judgment in that suit.

The Defendant/Appellant despite repeated demands and pleas had since then continued to withhold the Plaintiff/Respondent’s result without any official explanation other than that it was for “administrative and not disciplinary case”. The Defendant had since that time continued to withhold the Plaintiff/Respondent’s academic records.

The reliefs as sought by the Respondent herein as Plaintiff are thus:-

“(a) A DECLARATION that the Defendant is statutorily obliged to grant degrees to persons who have pursued a course of study approved by it and satisfied such other requirements as it may lay down.

(b) A DECLARATION that it is illegal for the Defendant, either directly or surreptitiously, to require any person to satisfy any requirement as to religious or political persuasion to be or continue to be a student and the holder of any degree of the Defendant University.

(c) A DECLARATION that the Plaintiff, having pursued and completed a course of study for the award of a B,Sc. Degree in Statistics, and also satisfied all other requirements prescribed by the Defendant and made known by it to the Plaintiff, is entitled to be awarded the same.